Employee Evaluations

Stress Essential Job Function

Ability to Handle Stress is Essential Function of Almost Every Job

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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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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Employee Considerations: Sample Fitness for Duty Policy

Although employers are not required by law to maintain fitness for duty (“FFD”) policies, having one in place as part of an employee handbook can help employers keep a healthy workforce, set workplace standards, and manage employee expectations.  FFD policies can be particularly important in certain work environments (such as hospitals, schools or transportation companies) …

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Employers Be Cautious When Drafting Your FFDE Cover Letters – Inquiries Must Be Narrowly Tailored

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 …

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Workplaces Warranting Lower Evidentiary Threshold for Finding an Employee to be a "Direct Threat"

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 …

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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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The 5 W's of Employee Fitness for Duty Evaluations

Click here for PDF Medical and psychological evaluations of employees, sometimes called “Fitness for Duty Evaluations,” may be required by employers to determine whether an employee is able to perform the essential job functions of his or her position. This article will provide you answers to 5 basic questions regarding Fitness for Duty Evaluations (“FFDEs”): …

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