The Americans with Disabilities Act (ADA) permits fitness-for-duty examinations of employees only if they are job-related and consistent with business necessity. Objective evidence is needed to make this showing. Here is an explainer of when such exams are allowed, including examples of what might constitute objective evidence.
A fitness-for-duty examination is a medical exam to determine whether a current employee is physically or mentally capable of performing their job duties, noted Carolyn Rashby, an attorney with Covington in San Francisco. "Because the ADA imposes strict requirements with regard to medical examinations, employers should err on the side of caution when requesting these examinations," she said.
Objective Evidence
To require these exams, an employer must have a reasonable belief based on objective evidence—not assumptions or stereotypes—that an employee's ability to perform essential job functions will be impaired by a medical condition or the employee will pose a direct threat due to a medical condition.
"This standard can be met if an employer knows about an employee's medical condition, observes performance issues and is reasonably able to attribute the issues to the medical condition," Rashby said.
One example of when an employer might require a fitness-for-duty exam, according to Equal Employment Opportunity Commission (EEOC) guidance, is if a crane operator becomes light-headed, out of breath and has to sit down abruptly. The employer might have...
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