In a recent legal development, a federal judge in West Virginia has ruled in favor of an employer, ND Paper/Fairmont, who dismissed an employee for being untruthful about his medical conditions on his job application. The case has centered around the confidentiality provision of the Americans with Disabilities Act of 1990 (ADA).
The employee in question, John Sigley, failed to disclose any medical conditions during the application process, which the company later considered an act of dishonesty. After his termination from ND Paper/Fairmont, he claimed protection under the ADA’s confidentiality provision. However, the court found him unprotected by the provision, as he had chosen to voluntarily disclose his confidential medical information subsequently.
Delivering the Sept. 27 opinion, U.S. District Chief Judge Thomas S. Kleeh of the Northern District of West Virginia clarified, “Indeed, when an employer does not receive confidential medical information pursuant to § 12112(d), but receives the information another way, the ADA confidentiality provision is not triggered.” This significant ruling clarifies the boundaries of the ADA’s confidentiality protections.
The details of this case can be found in the original lawsuit documentation and further commentary on this significant legal development can be read in an article on Law.com.