Mark Iandolo May 11, 2016, 12:42pm


MINNEAPOLIS (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) has announced Cummins Power Generation Inc., a Minneapolis-based power company, will pay $87,500 and furnish other relief to resolve allegations it committed disability discrimination.

The EEOC alleges Cummins Power Generation required an employee to sign an overbroad release of medical records to take a fitness-for-duty examination. This examination included a questionnaire seeking medical history information. When the employee allegedly objected to the breadth of the release, the company fired him. The EEOC says these alleged actions violate the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

The EEOC believes the release of medical records was not narrowly tied to the employee’s job descriptions and was, therefore, illegal.

"We are very pleased to reach this settlement," said John Hendrickson, EEOC's regional attorney in Chicago. "This case resolved an important legal issue, establishing that employers cannot avoid their responsibilities under the ADA and GINA by relying on the decisions of their vendors. The buck stops with the employer."

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U.S. Equal Employment Opportunity Commission
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