The EEOC prioritized barriers to recruitment and hiring and emerging issues (like GINA) within its 2013-2016 enforcement plan.  This latest lawsuit is a step towards that goal.

Cummins Power Generation of Shoreview, MN was recently sued by the EEOC for violating the American’s with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  Cummins required an employee to sign various medical release forms before taking a fit-for-duty exam.  The employee was told to sign the medical releases or face termination.  The employee was ultimately terminated for refusal.

The EEOC claims the medical forms requested irrelevant medical information which were not job-related or consistent with business necessity as is required by the ADA.  Additionally, the release requested genetic history via a disclosure of family history in violation of GINA.