Can’t Base Hiring on Statisitical Probability That Will Develop Carpal Tunnel Syndrome

A federal judge recently found that an employer screened out job applicants based on a test that showed prospective employees’ risk of developing carpal tunnel syndrome and then used those results to make hiring decisions.  The court also found that a prospective employee had not been hired because of a previous surgery that he had undergone for carpal tunnel syndrome.  The Americans with Disabilities Act prohibits discrimination on the basis of an employee’s or prospective employee’s disability or perceived disability.  See EEOC v. Amsted Rail Co., No. 14-cv-1292 (S.D. Ill.).