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Nebraska Law Bulletin (Selected Issues)

Date of this Version

10-14-2015

Document Type

Article

Citation

Nebraska Law Bulletin (October 14, 2015)

Comments

Copyright 2015, the author

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.

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