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
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."