1. Why should medical tests be given only after all nonmedical tests are completed satisfactorily?
2. Why did the court determine that American had not truly tendered a conditional offer of employment?
3. At what point would a true conditional offer of employment have been appropriate?

Leonel and two other applicants were given conditional offers of employment by American Airlines. The offers of employment were contingent on passing background checks and medical examinations. Prior to the background checks being completed, American sent Leonel and the other applicants to its on-site facility for the required medical exams and each applicant filled out a medical questionnaire. Although Leonel and the other applicants were HIV-positive, they did not disclose their condition or related medications on the questionnaire. After blood tests revealed that the applicants were HIV-positive, American rescinded the employment offers citing each applicant’s failure to disclose relevant information on the medical questionnaires.

  • CreatedNovember 06, 2014
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