Disability Discrimination in the Form of Ad Hoc Examinations6 Nebraska Law Review Bulletin 2 (2015)
The 1990 Americans with Disabilities Act (ADA), alongside the Nebraska Fair Employment Practice Act (FEPA), prohibit discrimination against employees on the basis of disability. One of the lesser examined provisions of the twin acts presumes that employer-mandated medical examinations of individuals with disabilities amount to unlawful discrimination unless the employer can demonstrate a business necessity. The precise elements of a business necessity defense were articulated and explicated by the Nebraska Supreme Court in the recently decided case of Arens v. NEBCO, Inc.
Citation InformationThomas E. Simmons, Disability Discrimination in the Form of Ad Hoc Examinations, 6 Nebraska Law Review Bulletin 2 (2015).