Seventh Circuit recent ADA Decision has Impact on Employers

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In Nawara v. Cook County (7th Cir. 2025), the Seventh Circuit made a significant ruling that greatly expands ADA liability for employers. In this case, a Cook County correctional officer (Nawara) was subjected to a fitness-for-duty examination following a series of altercations with supervisors before being permitted to return to work. Despite Nawara agreeing to submit to the exam and never claiming to have an actual or perceived disability, the court still found that the medical examination violated the ADA's prohibition against unlawful medical inquiries.

 The Seventh Circuit's decision holds that non-disabled employees can recover back pay and other monetary damages when subjected to unlawful medical examinations under the ADA. This ruling directly contradicts the traditional understanding that ADA monetary remedies were primarily available only to employees who could establish actual or perceived disabilities. The court emphasized that the ADA's medical inquiry provisions protect all employees' privacy rights, regardless of disability status.

Employers should exercise caution when requiring workplace medical examinations and fitness-for-duty evaluations. Such requests must be specifically job-related and consistent with business necessity. Employers should consult legal counsel if unsure of the circumstances when requiring an employee to undergo a medical examination.

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