Did Harrison fail to make out a prima facie case for a prohibited medical inquiry under § 12112(d)(2)(A)?.Did Harrison fail to plead his medical inquiry claim in his complaint?.The district court further held that the Harrison failed to make out a prima facie case for a prohibited medical inquiry under § 12112(d)(2)(A). The district court granted summary judgment in favor BEHI on all claims, concluding that Harrison failed to plead his medical inquiry claim in his complaint. Consequently, Harrison sued BEHI alleging that the latter engaged in an improper medical inquiry, in violation of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. Harrison was also informed that he would not be returning to BEHI because he had a performance and attitude problem. The Medical Review Officer cleared Harrison however, despite being earlier identified as the person human resources wanted to hire for the permanent position, Harrison was not offered the job. Harrison explained that he had been taking barbiturates for his epilepsy, and that he had a prescription for the same. In line with the policies of BEHI, Harrison consented to take a drug test, which later turned out positive. Harrison then submitted an application for permanent employment at the request of his supervisor. John Harrison, who suffered from epilepsy but determined not to have a disability as defined under the Americans with Disabilities Act of 1990 ("ADA"), was assigned to temporarily work at Benchmark Electronics Huntsville, Inc. In this context, a potential employer is not allowed to conduct any medical examinations, and may only inquire into an applicant's ability to perform job-related functions. In contrast, § 12112(d)(2) sets forth a specific bar against medical examinations and inquiries with respect to any applicant who has not yet received a job offer. Thus, one way a disabled plaintiff could meet his prima facie case of discrimination would be by showing that his employer discriminated against him by requiring a pre-employment medical examination or making a pre-employment improper medical inquiry in violation of subsection (d). § 12112(d)(1) incorporates § 12112(a)'s general rule that to maintain an action for discrimination itself, a plaintiff must be disabled under the Americans with Disabilities Act of 1990. § 12112(a)-incorporated by reference in § 12112(d)(1)-simply does not extend to subsection (d)(2). The latest news from the company also includes details on customizable ceramic monoblock bandpass filters for major telecommunications frequency bands from 400 MHz to 6GHz.īenchmark will be at expo booth #11040 at the Denver Convention Center for IMS2022, according to a news release.Harrison v. Representatives from Benchmark Lark Technology will discuss custom filtering solutions for meeting requirements for reduced size, weight, power and cost, plus they will share experience in the design and production of waveguide, coaxial and surface-mount technology (SMT) filters.Īmong the offerings visitors will be able to learn about are the mmW-FH Series bandpass filters and the mmW-STL Series bandpass filters. Tempe, Arizona-based Benchmark will provide visitors information on diverse filter designs at the 2022 IEEE International Microwave Symposium (IMS2022) Exhibition in Denver from June 21-23. Benchmark Electronics (NYSE:BHE) announced today that it will offer the latest word on high-performance RF/microwave filters next week.
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