Fit to Work?

Last month, a soft drink company settled a complaint brought by the Equal Employment Opportunity Commission (EEOC) alleging disability discrimination in violation of the Americans with Disabilities Act (ADA). The complaint claimed that the company impermissibly required an employee with multiple sclerosis to complete an agility test and answer questions about her medical condition.

Although the employee reportedly performed the physical portions of the test successfully, the company placed her on unpaid leave and later declined to accept a physician’s return-to-work note because it did not release her without restrictions. The company ultimately terminated the employee. According to the EEOC, these actions violated the ADA. In addition to paying $36,000 as part of a settlement, the company agreed to revise its practices, provide training, post notices, and submit reports to the EEOC.

This case is a reminder for employers that fitness-for-duty requirements are not one-size-fits-all. Before requiring a medical examination, physical test, or unrestricted release, employers should confirm that the requirement is job-related and consistent with business necessity. Medical documentation should be evaluated individually, and questions should be limited to information genuinely needed to assess the employee’s ability to perform essential job functions. Additionally, the ADA’s interactive process should be followed before decisions about leave or termination are made.

If your organization uses medical questionnaires, physical tests, return-to-work notes, or “full duty” release requirements, now is the time to make sure those practices are compliant with the ADA. Wright Beamer can help you review your policies and navigate difficult employee medical issues. Contact us today at 248.477.6300.