Pre-Employment Medical Screening – a Class Action Opportunity
Pre-Employment Medical Screening – a Class Action Opportunity
Bryan Schwartz Law, P.C.’s principal presented this week at the ABA’s 4th National Conference on Employment and Education Law Impacting Persons with Disabilities, in Los Angeles, on a panel entitled, “Are Your Selection Criteria Screening Out Persons with Disabilities?“
His paper for the conference entitled “Pre-Employment Medical Screening: a Class Action Opportunity,” available by clicking here, discusses how pre-employment medical screening violations readily lend themselves to class action claims by job applicants under Fed.R.Civ.P. 23(b)(2), 23(b)(3), and 23(c)(4).
The paper highlights three areas ripe for class litigation: if the employer routinely reviews medical records too early in the process, before a bona fide offer; if the employer conducts medical testing too early in the process, i.e., before all other pre-employment steps have been taken; and if the employer fails to provide individualized consideration concerning reasonable accommodations as part of its medical qualification process.
If your rights have been violated by improper pre-employment medical screening, contact Bryan Schwartz Law, P.C. today.
Meet Our Award
Winning Team
What Our Clients
Say About Us
Contact Us*
Our firm is not currently accepting new clients due to our caseload. If you have information about an existing matter or are a class member in a pending case, please click the button below to contact us or call our office.
Call : 888-891-8489
Fax : 510-444-9301
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | Privacy Policy
