News & Analysis as of

Americans with Disabilities Act (ADA) › Equal Employment Opportunity Commission (EEOC) › Fitness for Duty Exams

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

Constangy, Brooks, Smith & Prophete, LLP on

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

McAfee & Taft

Can an employer terminate an employee for conduct caused by a disability?

McAfee & Taft on

Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Zachry Construction Corporation For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more

U.S. Equal Employment Opportunity Commission...

Cummins Power Generation to Pay Over $87,000 to Resolve EEOC Disability Lawsuit

U.S. Equal Employment Opportunity Commission... on

Company Fired Employee for Objecting to Overbroad Medical Releases for Fitness-for-Duty Examination, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-based power company will pay $87,500 and furnish other relief to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

Genova Burns LLC

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

Genova Burns LLC on

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Franczek P.C.

Requiring an Employee to Return from FMLA Leave "Without Restrictions" or "Fully Healed" Is Playing with Fire

Franczek P.C. on

Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot. Just ask Brookdale Senior Living Communities....more

U.S. Equal Employment Opportunity Commission...

EEOC Challenges Overbroad Medical Releases In Lawsuit Against Cummins Power

U.S. Equal Employment Opportunity Commission... on

Company Violated Two Federal Laws by Making Invasive and Irrelevant Inquiries Through Its Medical Releases, Federal Agency Charges - MINNEAPOLIS - Shoreview, Minn.-based Cummins Power Generation violated federal law by...more

Fenwick & West LLP

Fenwick Employment Brief - May 2014

Fenwick & West LLP on

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

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