The Equal Employment Opportunity Commission satisfied the elements of a 42 U.S.C. Sec. 12112(a) claim by showing an employer had perceived a qualified job applicant as having a disability and that the employer had impermissibly conditioned its offer of employment on the applicant's procurement of a diagnostic test for his perceived disability, at his own expense.
Equal Employment Opportunity Commission v. BNSF Railway Company - filed Aug. 29, 2018
Cite as 2018 S.O.S. 16-35457
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