When Fitness-for-Duty Examinations Are Allowed
As an HR professional, your primary responsibility is to ensure that your employees are able to perform their job safely and efficiently. Part of this responsibility includes conducting fitness-for-duty examinations to ensure that employees are physically and mentally capable of performing their job-related duties. However, it is important to understand when fitness-for-duty examinations are permissible under the Americans with Disabilities Act (ADA).
The ADA permits employers to require fitness-for-duty examinations of employees only if they are job-related and consistent with business necessity. This means that the examination must be tailored to the specific requirements of the job and must be necessary to ensure that employees can safely and effectively perform their job duties. In order to establish that a fitness-for-duty examination is job-related and consistent with business necessity, employers must have objective evidence which supports the need for the examination.
Objective evidence can come in the form of medical records, reports from medical professionals, an employee’s job performance record, or other reliable information. This evidence must show a clear connection between the employee’s job duties, the employee’s physical or mental condition, and the need for the fitness-for-duty examination. For example, if an employee has a disability which could impair their ability to safely and effectively perform their job duties, the employer would need objective evidence to support the need for a fitness-for-duty examination.
When employers are deciding whether to require a fitness-for-duty examination, they should consider how much of a risk the employee’s disability poses to their safety and the safety of others. If the risk is significant, then a fitness-for-duty examination may be appropriate. If the risk is minimal, then the employer may decide not to require a fitness-for-duty examination.
It is important to note that employers cannot require a fitness-for-duty examination if it is not job-related and consistent with business necessity. Employers must also be aware that they cannot use the results of a fitness-for-duty examination to discriminate against employees with disabilities. If an employer uses the results of a fitness-for-duty examination to make employment decisions, they must be able to show that the decision was based on objective evidence and was necessary to ensure the safety of the employee and others.
In conclusion, employers can require fitness-for-duty examinations of employees if they are job-related and consistent with business necessity. This requires the employer to have objective evidence which supports the need for the examination. Employers should also consider the risk posed by the employee’s disability and be aware that they cannot use the results of a fitness-for-duty examination to discriminate against employees with disabilities.
By understanding the requirements of the ADA and the limits of fitness-for-duty examinations, employers can ensure that they are taking all necessary steps to protect the safety and health of their employees.
