E.E.O.C. v. McLEOD HEALTH, INC.

No. 17-2335.

914 F.3d 876 (2019)

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

United States Court of Appeals, Fourth Circuit.

Decided: January 31, 2019.


Attorney(s) appearing for the Case

ARGUED: Jeremy Daniel Horowitz , UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Appellant. Michael Montgomery Shetterly, I , OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Greenville, South Carolina, for Appellee. ON BRIEF: James L. Lee , Deputy General Counsel, Jennifer S. Goldstein , Associate General Counsel, Elizabeth E. Theran , Assistant General Counsel, Office of General Counsel, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Appellant. Lucas J. Asper , OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Greenville, South Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Floyd wrote the opinion, in which Chief Judge Gregory and Judge Keenan concurred.


The Equal Employment Opportunity Commission (EEOC) brought suit against McLeod Health, Inc. for alleged violations of the Americans with Disabilities Act (ADA). The EEOC claimed that McLeod violated the ADA by requiring Cecilia Whitten, a longtime employee with a disability, to undergo a work-related medical exam. Additionally...

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