The Court of Special Appeals, in an unreported decision, has has upheld a Baltimore County Circuit Court decision that found Baltimore County once again violated the Americans with Disabilities Act when it mined an employees medical history illegally. In the ruling the Court stated (page #4) “the release was required as part of the process required by the County for employees to obtain retirement benefits. The County cannot now use the release it required Mr. Dawson to sign to justify its own violation of federal Law.”
A few years ago, Baltimore County entered into a Consent Decree with the Department of Justice when it was alleged to have committed several similar violations of Federal ADA law. In that agreement, the County agreed to discontinue these practices, as well as several other stipulations requested by the Department of Justice, to protect employees from these violations of employee rights.
All employees are urged to use caution when replying to inquiries made by Baltimore County about their personal medical history or signing any medical release.