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E.E.O.C. v. FLAMBEAU, INC.

No. 16-1402.

846 F.3d 941 (2017)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FLAMBEAU, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 2017.

Attorney(s) appearing for the Case

Anne Noel Occhialino , Attorney, Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellant.

Stephen A. DiTullio , Attorney, Dewitt Ross & Stevens S.C., Madison, WI, for Defendant-Appellee.

Dara Smith , Attorney, AARP Foundation Litigation, Washington, DC, for Amicus Curiae American Association of Retired Persons.

Michael S. Burkhardt , Attorney, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Amicus Curiae HR Policy Association.

Robert P. Charrow , Attorney, Laura M. Klaus , Attorney, Greenberg Traurig, LLP, Washington, DC, for Amicus Curiae Business Roundtable.

Before Flaum, Manion, and Hamilton, Circuit Judges.

On the merits, this Americans with Disabilities Act case would turn on the interplay between the ADA's prohibition on involuntary medical examinations and its insurance safe-harbor provision. See 42 U.S.C. §§ 12112(d)(4) and 12201(c). Defendant Flambeau, Inc. adopted an employee wellness program. It required its...

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