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California Court Upholds Post-FMLA Fitness for Duty Examination in Face of Safety Concerns
Ballard Spahr LLP Apr. 24, 2014 "The White decision may give employers a basis for seeking a medical opinion regarding an employee's fitness for duty (presuming the examination follows ADA guidelines), but the court made clear that examinations would not be appropriate in every case, and an employer seeking to request an examination should be prepared to demonstrate that the employee's condition 'impacted, or posed a risk to, the employee's work.' " [White v. County of Los Angeles, No. B243471 (Cal. Ct. App. Apr. 15, 2014)] |
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