News & Analysis as of

Fitness for Duty Exams Medical Examinations

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Venable LLP on

Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Vorys, Sater, Seymour and Pease LLP

Seventh Circuit Holds That Unlawful Medical Inquiries Trigger Claims Under the ADA for Non-Disabled Employees

On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more

Ius Laboris

Hungary drops most ‘fitness for work’ health assessments

Ius Laboris on

Under Hungarian law, employers have a duty to ensure that employees can work safely and without risk to their health. One way of ensuring this was through mandatory occupational health assessments....more

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Zachry Construction Corporation For Disability Discrimination

Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more

McAfee & Taft

Court rules employee’s behavior justified mental health exam

McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Franczek P.C.

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

Franczek P.C. on

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

Fenwick & West LLP

Employee Lawfully Terminated for Failure to Undergo Psychological Exam

Fenwick & West LLP on

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

Orrick - Employment Law and Litigation

Doctor Doctor Give Me the News, Is My Employee Fit for Duty After FMLA Leave?

On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health...more

Franczek P.C.

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

Franczek P.C. on

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide