Employment Law for Business 6th Edition by Dawn Bennett Alexander ,Laura Hartman

تمرين 13

An over-40 employee of the New York Transit Authority is denied a promotion to station supervisor after he refuses to submit to an electrocardiogram (EKG) as part of a physical. The NYTA required the physical, and therefore the EKGs, for all supervisory position candidates who were under 40 and who had problematic medical histories, as well all candidates over 40. The NYTA contended that the examination and test were necessary because of the physical demands of the position. It also argued that people over 40 have an increased risk of heart disease, hence the EKG requirement. How would you determine whether this employee should be required to undergo the test? [ Epter v. New York City Transit Authority, 127 F. Supp. 384 (E.D.N.Y. 2001).]