A Warning for Healthcare Employers

October 6th, 2012 by JBWK

An interesting charge from the EEOC came out of Wisconsin last week. The agency filed a lawsuit alleging a hospital system had a practice of reviewing applicant’s records on file with the hospital in connection with extending job offers.

The applicant in the recently filed suit had her job offer rescinded after the hospital reviewed her patient records. The EEOC argues that violated the Americans with Disabilities Act, which does allow post-offer medical examinations.

It’s unclear whether courts will accept the EEOC’s argument, but it is something worth reviewing for healthcare employers.

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