John Sigley v. ND Fairmont LLC

Mr. Sigley has a longstanding history of documented back problems. During his post-offer musculoskeletal screening, Mr. Sigley completed several forms, including a questionnaire that asked him to identify a full, medical history including any issues with his back. Mr. Sigley did not disclose his back issues and denied any history of the same. He then passed his physical, and ND Fairmont hired him. Over the next couple months, Mr. Sigley satisfactorily performed his duties. After Mr. Sigley notified his employer about his back issues, ND Fairmont claimed that his not having disclosed them on the earlier, postoffer questionnaire qualified as dischargeable misconduct and fired him. Mr. Sigley challenged his termination, and argued that the Americans With Disabilities Act (ADA) protected his decision not to divulge his back condition during the post-offer hiring process. The Fourth Circuit disagreed, and held Mr. Sigley’s not disclosing his back injuries constituted unprotected, dischargeable misconduct under the ADA. This case presents an important question of first impression affecting the legal rights of millions of employed Americans: Whether an individual’s decision not to disclose a medical condition on a post-offer questionnaire receives protection under the ADA?