In Norman-Bloodsaw v. Lawrence Berkeley Laboratory, the United States Court of Appeals for the Ninth Circuit held that employers who conduct nonconsensual medical testing may be liable for invasion of privacy under the United States and California Constitutions. In addition, the court held that Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from nonconsensual medical testing that has a disparate impact on a protected group. The Ninth Circuit held, however, that the American's with Disabilities Act of 1990 (ADA), does not limit the scope of the employee testing when the tests are administered after a job is offered and prior to actual employment.
Cristina E. Echevarria,
Employment Law - Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 29 Golden Gate U. L. Rev.