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 »
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 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 »
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”): …
The 5 W's of Employee Fitness for Duty Evaluations Read More »
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