ADA Suit Over Post-Job Offer Exam Needs Proof: 11th Circ.
Atlanta partner Ashley Hager and associate Gary Knopf were mentioned in a June 11 Law360 article about the Eleventh Circuit throwing out a lawsuit against Southern Nuclear Operating Co. that alleged the company violated the Americans with Disabilities Act (ADA) by rescinding a job offer to an engineer with a bipolar disorder.
Per the article, the Eleventh Circuit held that “an employee alleging discrimination based on an employer’s post-offer medical entrance exam needs to prove he’s disabled.” In this case, the employee could not demonstrate he was disabled under the ADA.
Ashley and Gary represented Southern Nuclear in the legal proceedings.