Both federal and Californian law grant you some safeguards if you have a disability. Having proof of your disability does not prevent your employer from requesting more information about your capacity to carry out crucial job duties. Your employer may ask you to take a fitness for duty examination in specific circumstances.
A California disability discrimination lawyer can clarify that an employer may demand a fitness for duty examination if they have a reasonable suspicion based on solid evidence. Contact PLBH at (800) 435-7542 for help today.
Situations in which an employer can request a fitness for duty exam
If an employee has a medical condition will make it harder for the employee to carry out crucial job duties or due to a health issue, the employee will directly endanger others, an employer can request a fitness for duty exam.
The test has to be relevant to the work and necessary for the business. The employee can receive a certification of fitness for duty by passing this exam.
This may appear intrusive, and it certainly can be. For this reason, employers must have a good basis to question a worker’s capability to carry out duties linked to their position. A person’s impairment cannot be used as justification for a firm to demand a fitness for duty exam. There must be more going on, such as low productivity, high absenteeism, or trouble carrying out crucial job duties.
There are specific situations in which this type of fitness for duty exam cannot be used
In some circumstances, a fitness for duty examination cannot be ordered. An employer must permit an employee to return to work after taking a leave of absence under the Family and Medical Leave Act (FMLA), for instance, if the employee’s doctor certifies that they may do so.
The employer may, however, request additional information if the doctor’s qualification is lacking, but not an examination. A different option is for an employer to demand a test that complies with the Americans with Disabilities Act.
You might be required to get a fitness for duty exam to return to work
When an employee returns after a medical leave of absence, if they took a non-FMLA leave in accordance with California’s Fair Employment and Housing Act (FEHA), their employer may demand that they get a fitness-for-duty assessment. This cannot simply be done because an employee takes a medical leave; there must be valid safety concerns.
There are limits to what an employer can learn in a fitness for duty exam
Fortunately, the law has privacy safeguards in place in case an employer asks you to take a fitness for duty test. The Confidentiality of Medical Information Act (CIMA) stipulates that the only information the employer can learn from your exam is whether you are able to perform the essential functions of the job. If you do not authorize further disclosure, this is the only information the employer can learn from your exam.
The examiner is not permitted to reveal your diagnosis or the reasons why you are unable to perform the duties of your position (for example). The CIMA permits your employer to be aware of your medical limitations regarding your fitness for duty in order to provide reasonable accommodations if you are able to perform your job (such as an alternative schedule or restrictions on lifting).
Contact an attorney if your rights have been infringed upon
You might have a claim if your employer forced you to undergo a fitness-for-duty examination outside of these bounds or illegally accessed your private medical records. The knowledgeable attorneys at PLBH can assist. To arrange a consultation with a California disability discrimination lawyer, contact our office right now at (800) 435-7542 or info@plblaw.com.