Fitness for Duty Exams

News & Analysis as of

Supreme Court Refuses to Hear Push-Up Case

There is an update on the Fourth Circuit decision that ruled that the FBI could reject a male agent candidate who failed his physical fitness test by not being able to do one additional push-up. On Monday, the U.S. Supreme...more

Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?

When it comes to FMLA medical certification, my clients have many complaints. One beef, in particular, is vague medical information they receive on a certification completed by the employee’s primary care physician. This...more

Employment Law - September 2016

Ninth Circuit Sides With NLRB on Class Waivers - Why it matters - Siding with the National Labor Relations Board (NLRB), the Ninth Circuit Court of Appeals pushed the question of whether it violates the National...more

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

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

Objective Basis Needed for Psychological Fitness for Duty Exam

In a case of first impression in New Jersey, the Appellate Division cautioned that employers may only require an employee to undergo a mental health fitness-for-duty examination in limited circumstances. Relying heavily on...more

Busted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims

Ah, the tell-tale signs of March are here. The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run. Unfortunately, most teams won’t be so...more

For Reasonable Accommodation Claims, Employer Intent May Be Irrelevant to Liability

Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities. On...more

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

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

"You Lie, You Die" – Dishonesty Derails Discrimination Case

It’s an expression you hear often among police officers and other sworn employees: “You Lie, You Die.” That is, if you are caught being deceptive about any work-related subject, you will be terminated and your career will be...more

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

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

It’s the PITs! Employer Guide to Forklift Liability in the Workplace

Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT). OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more

Zero tolerance – the new standard in the construction industry

In September 2015, the Building Code 2013 was amended to incorporate mandatory drug and alcohol testing for Commonwealth funded construction projects. From 16 October 2015, head contractors must have a comprehensive fitness...more

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

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

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...). The amended CFRA...more

Rules differ regarding second opinions on fitness-for-duty certifications

Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the...more

California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Employee Lawfully Terminated for Failure to Undergo Psychological Exam

In Kao v. University of San Francisco, a California appellate court upheld a jury’s verdict that the University of San Francisco (“USF”) lawfully terminated a professor who refused to undergo a fitness-for-duty examination....more

Trends in New Jersey Employment Law - September 2014

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more

EEOC Challenges Overbroad Medical Releases In Lawsuit Against Cummins Power

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

Dr Who? Australia's FWC Says the Company Can Decide

A recent decision by the Full Bench of Australia's Fair Work Commission (Commission) has held that an employer has the right to: - direct an employee to attend a company doctor for an assessment to verify his or her...more

Employer Can Require Fitness-For-Duty Examination After Return From FMLA Leave

A California appeals court in White v. County of Los Angeles held that an employer could require a fitness-for-duty examination after returning an employee to work based on her medical provider’s certificate, provided that...more

Fenwick Employment Brief - May 2014

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

California Employment Law Notes - May 2014

Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed - Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014). Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more

Employer May Require Medical Reevaluation of Employee's Fitness For Duty Following FMLA Leave

Reevaluation Allowed as long as Job-Related and Consistent with Job Necessity - A California Court of Appeal recently held that the Los Angeles County District Attorney’s Office’s (DA) decision requiring an...more

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