Business NECESSITY An employer may only require a fitness for duty evaluation if is job related and consistent with business necessity. Business necessity may be shown by demonstrating that either: (1) the employee poses a direct threat to himself or others, or (2) the employee has a medical condition that affects his ability to perform …
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Employee fitness for duty evaluations are permitted under the ADA and California state law. Nevertheless, it’s important for employers to take the proper steps in scheduling a fitness for duty evaluation to ensure compliance with the laws. What medical specialty is required for the employee evaluation? Do you need a neurologist or a neurosurgeon? Psychologist or …
8 Questions Employers Should Ask Before Employee Fitness for Duty Evaluation Read More »
Click here for PDF When an employee takes leave under the Family and Medical Leave Act (FMLA), the employee is entitled to reinstatement upon certification by the employee’s health care provider that the employee is fit to return to work. An employer is not permitted to require a second opinion before reinstating the employee …
An employee medical or psychological evaluation must be job-related and consistent with business necessity under the ADA and FEHA. Employers may meet the business necessity requirement when it has a reasonable belief based on objective evidence that (1) an employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) …
Kao v. University of San Francisco: Pre-Evaluation Investigation Procedure Read More »
[vc_row][vc_column][vc_column_text] Click here for PDF Under the ADA, an employer’s ability to make disability-related inquiries or require medical or psychological examinations (aka “fitness for duty evaluations”) is analyzed in three different stages: Job Applicant: Pre-Job Offer Job Applicant: Post-Job Offer Current Employee The rules pertaining to such inquiries and examinations vary depending on the stage. …
Click here for PDF A jury will decide whether a university’s decision to require a tenured professor to undergo a psychological fitness for duty evaluation was consistent with business necessity and job related according to an August 11, 2016 order out of the Northern District of California. Ellis v. San Francisco State University, Case No. …
Click here for PDF It cannot be overstated that preparing a narrowly tailored FFDE cover letter to the evaluating physician (or, similarly, a medical questionnaire to the employee) is crucial to reducing employer liability. In Scott v. Napolitano, a discharged employee brought an action against his former employer, the Federal Protective Service (“FPS”) of Los …
Click here for PDF As discussed extensively in the previous blog entry, an employer may not order a fitness for duty evaluation unless the inquiry into the employee’s potential medical or psychological condition is “job-related” and “consistent with business necessity.” A medical or psychological examination is “job-related and “consistent with business necessity” when an employer has …
Click here for PDF There are a number of laws (state and federal) that govern employee Fitness for Duty Evaluations. There is no doubt that the application of the laws and the roles of the agencies that enforce those laws can at times be confusing. The following short summary clarifies the primary laws and agencies …
Employee Fitness for Duty Evaluations – Law & Government 101 Read More »
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