Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again
On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA) . The court’s decision in Nawara v. Cook County establishes that nondisabled employees may recover back pay if subjected to improper medical examinations or inquiries. Quick Hits The Seventh Circuit reiterated that the ADA’s limitation on medical exams and inquiries applies to all employees, not just those with a disability under the ADA. Hence, a nondisabled employee subjected to unlawful medical exams or inquiries may recover back pay if, for instance, the employee is off work without pay for some period or is discharged for refusing to undergo an improper medical examination . The court’s ruling highlights the importance of properly determining whether to require an employee to undergo a medical or mental health exam, i.e., to ensure that any such exam or inq...