California Fair Employment and Housing Act

8 Questions Employers Should Ask Before Employee Fitness for Duty Evaluation

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 …

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United States District Court

Northern District of California Says Jury to Decide Whether Psychological Exam Was Lawful

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. …

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Employee Fitness for Duty Evaluations – Law & Government 101

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 …

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