Justice Department Agreement Ends Unnecessary Medical Exams and Inquiries by PATH
Richard Acree
Information provided by the US Department of Justice
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The Justice Department (DOJ) filed an agreement with the Federal Court in New Jersey, to resolve its lawsuit against the Port Authority Trans-Hudson Corporation (PATH), under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The agreement ends PATH’s practice of asking for unnecessary medical and disability information from its workers, and documents PATH’s commitment to strengthening ADA and GINA protections for its workers. Under the terms of the agreement, which must be approved by the Court, PATH has agreed to stop unnecessary medical exams, train its staff on the ADA and GINA, and pay a total of $100,000 to certain employees who were harmed by PATH’s exams and inquiries.
The United States filed this action after receiving timely charges of discrimination that the Brotherhood of Railroad Signalmen (the “Union”) and a Signalmen Union representative (“Complainant”) filed with the United States Equal Employment Opportunity Commission (“EEOC”).
As part of the agreement, PATH will formally appoint its Chief Diversity and Inclusion Officer of the Port Authority of New York and New Jersey as its ADA Coordinator (ADAC) no later than (30) thirty days after the Effective Date of this Decree. The ADAC will be responsible for coordinating PATH’s efforts to comply with and carry out its responsibilities under this Decree, Title I of the ADA, and Title II of GINA. PATH will provide the ADAC with the training, resources, and authority to implement fully the terms of this Decree and comply fully with Title I of the ADA and Title II of GINA. PATH will make the ADA Coordinator’s name and contact information readily available to its employees and to the United States, including by posting it on PATH’s website. PATH will ensure, within ninety (90) days of the Effective Date of this Decree, that the ADAC undergoes training on the requirements of Title I of ADA and Title II of GINA, including with respect to medical examinations and inquiries.
Regarding enforcement of this agreement, The United States may review PATH’s compliance with this Decree at any time, upon reasonable advance notice to PATH, and shall have the right to inspect and copy any documents that are relevant and necessary to monitor PATH’s compliance with this Decree, including but not limited to all documents and records specified in the agreement.
The United States has authority to bring this civil action to enforce Title I of the ADA 42 U.S.C. § 12117(a), and Title II of GINA, 42 U.S.C. § 2000ff-6(a).
If you have a complaint regarding employment discrimination, please contact the EEOC. If you need assistance with this process, please contact Richard Acree at 615-752-0060.