Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
10-14-2015
Document Type
Article
Citation
Nebraska Law Bulletin (October 14, 2015)
Abstract
The 1990 Americans with Disabilities Act (ADA), alongside the Nebraska Fair Employment Practice Act (FEPA), prohibit discrimination against employees on the basis of disability. One of the lesser examined provisions of the twin acts presumes that employer-mandated medical examinations of individuals with disabilities amount to unlawful discrimination unless the employer can demonstrate a business necessity. The precise elements of a business necessity defense were articulated and explicated by the Nebraska Supreme Court in the recently decided case of Arens v. NEBCO, Inc.
Comments
Copyright 2015, the author