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 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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