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Mealeys

Mealey's Labor & Employment - U.S. Supreme Court Declines To Weigh In On Medical Exam As Job Condition

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 12 denied a petition for a writ of certiorari filed by BNSF Railway Co. seeking a ruling on whether requiring a job applicant or employee to pay for and undergo a medical examination to determine if they can safely perform the job establishes that an employer "regards" the individual as disabled under the Americans with Disabilities Act (ADA) or constitutes unlawful discrimination (BNSF Railway Company v. Equal Employment Opportunity Commission, No. 18-1139, U.S. Sup.).
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