Keith Kreszowski v. FCA US, LLC, et al.

This case involves a consideration of issues involving claims under the Americans with Disabilities Act Amendments Act (“ADAAA”). The extent and ability to perform a subjective medical exam without regarding an employee as disability and the pretext standard for such an event are important issues. Furthermore, clarification of temporal proximity in a retaliation claim is needed. Finally, clarification is needed as to what is considered adequate discovery when a second case is brought which piggybacks on an original claim, but is later is time. Four questions are presented:

1. When does an employer cross the line from permissive but subjective request for a medical exam to an impermissible exam that evidences a perception of disability?

2. What is the appropriate standard for pretext when an employer subjectively requests a medical exam?

3. What is the appropriate timeframe to evidence a causal connection for retaliation?

4. What level of discovery is adequate prior to a motion for summary judgment?