United States Eleventh Circuit

In an action claiming that defendant-employer made an improper medical inquiry in violation of the Americans with Disabilities Act (ADA), summary judgment for defendant is reversed where: 1) 42 U.S.C. section 12112(d)(2) did not limit coverage to applicants who were also "qualified individuals with disabilities"; and 2) while the district court correctly concluded that employers may conduct follow-up questioning in response to a positive drug test, it failed to acknowledge any limits on this type of questioning.

Appellate Information

• Decided 01/12/2010
• Published 01/12/2010

Judges

• SILER, Circuit Judge:, Before DUBINA, Chief Judge, BIRCH and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel