Phillips, Erlewine, Given & Carlin LLP

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Firm pushes back in class action against Concentra/U.S. Healthworks

April 10, 2020 – The firm filed papers today opposing the motion to dismiss its clients’ statutory and common law claims arising from the pre-employment medical exams of approximately 500,000 California residents against the Concentra/U.S. Healthworks family of companies operating in the State. Earlier this year, federal district court judge Dana M. Sabraw granted the firm’s motion to amend the clients’ complaint. The amended complaint, filed in February, added a new class representative and defendants as parties, and sharpened the clients’ claims that Concentra/U.S. Healthworks violated California state law by asking highly intrusive and impermissible, non-job related questions to applicants undergoing pre-employment medical exams at their facilities. Meanwhile, the firm has endeavored to continue its discovery of defendants’ practices in the State, which may be coming to a head soon; the magistrate assigned to the case is scheduled to hear a series of disputes over that discovery shortly. A class certification motion in the case is due to be filed in early June.

Phillips, Erlewine, Given & Carlin LLP is investigating Concentra for subjecting employee applicants undergoing pre placement employment examinations to invasive and illegal health history questions between 2021 and 2024. Click here to learn more.