The 11th Circuit considered congressional intent in concluding that the Americans With Disabilities Act (ADA) gives non-disabled individuals a private right of action for improper pre-employment medical inquiries.
“Congress sought to prevent employers from using pre-employment medical inquiries ‘to exclude applicants with disabilities–particularly those with so-called hidden disabilities such as epilepsy, emotional illness, heart disease and cancer–before their ability to perform the job was even evaluated,’” Judge Eugene Siler, Jr. wrote, quoting from the ADA.
