Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding that an employee can recover back pay when an employer violates the Americans with Disabilities Act (ADA) by requiring an unlawful fitness-for-duty exam, even if the employee does not establish he had a disability or his employer perceived him as having a disability....
By: Vedder Price

Array