Ninth Circuit Approves of Preemptive Fitness for Duty Exams, In Some Circumstances

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In a recent decision, the Ninth Circuit approved of preemptive fitness for duty exams, in some circumstances. Such exams, the court held, could be done where the employer demonstrates that the exam is both job-related and consistent with business necessity. The Court further held that business necessity could be shown even in the absence of declining performance where there was nonetheless significant evidence calling into question the employee's ability to perform his or her job -- in the case at hand a police officer who was demonstrating erratic and questionable behavior.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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