The Seventh Circuit recently ruled in favor of a non-disabled employee who was subjected to an unlawful medical exam in violation of the ADA (Nawara v. Cook County Municipality, 22-2451 (7th Cir. 2025)). The employee, a correctional officer, was placed on unpaid leave pending his submission to a fitness to return to duty mental health examination because of heated altercations with other staff. The employee provided the requested medical information and was reinstated. He then sued claiming that the reinstatement requirement was an unlawful medical exam under the ADA. A federal jury agreed, but the district court did not award back pay on the basis that the jury did not find that the Plaintiff was disabled or perceived as disabled.
On appeal, the Seventh Circuit disagreed and remanded the case for consideration of appropriate damages. The court found that subjecting an employee to an unlawful medical examination is a form of disability discrimination under the ADA even if the individual is not qualified with a disability. The ADA prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations but limits these damages to discrimination on the basis of a disability. Despite this language, the Seventh Circuit concluded that a non-disabled employee could collect back wages if they are subjected to an unlawful medical exam.
Practice Pointer: The Seventh Circuit’s interpretation of the ADA appears to contradict the plain language of the ADA and has the effect of proving a remedy for non-disabled persons to collect damages for disability discrimination. This case appears to be the first federal appellate decision to directly address this issue. As such, employers within the Seventh Circuit (including Illinois, Indiana and Wisconsin) should be mindful about requiring medical exams without first consulting legal counsel.