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Text of EEOC Memorandum on Law in Support of Application for Temporary Restraining Order Against Honeywell International (PDF)
Equal Employment Opportunity Commission [EEOC], via Jackson Lewis Link to more items from this source
Oct. 30, 2014
"Based upon the EEOC's preliminary review, Honeywell's medical examinations are unlawful. The ADA prohibits employers from conducting medical examinations that are not job-related and consistent with business necessity. While an employer can ask the employees to undergo voluntary health exams, an examination is not voluntary when the employer imposes a penalty on the employee if he or she declines to participate. The EEOC's preliminary investigation also indicates that the ongoing medical testing violates GINA. Honeywell requires that the employees' spouses be tested or the employees will be penalized. GINA prohibits employers from offering inducements (or alternatively imposing penalties) to employees to obtain medical information about an employee's family members. Honeywell's program, if not enjoined, will irreparably harm the EEOC and Honeywell's employees. The EEOC's mission will be thwarted. It will be forced to sit by and watch Honeywell violate the ADA and GINA, thereby irreparably damaging the EEOC's role as the agency charged with enforcing those statutes and preventing discrimination under them." [EEOC v. Honeywell Int'l Inc., No. 14-cv-04517-ADM-TNL (D. Minn., petition filed Oct. 27, 2014)]

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