Example C: A private security company may require its armed security officers who are expected to pursue and detain fleeing criminal suspects to have periodic blood pressure screenings and stress tests because it is concerned about the risk of harm to the public that could result if an officer has a sudden stroke.
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Only disability-related inquiries and medical examinations are subject to the ADA's restrictions. What documentation may an employer require from an employee who requests a reasonable accommodation? May an employer require periodic updates when an employee is on extended leave because of a medical condition?
An employer may not obtain the employee's complete medical records or information about any conditions that do not affect the employee's ability to perform the physical agility or physical fitness test safely. Example A: A supervisor notices that the quality of work from an ordinarily outstanding employee has deteriorated over the past several months.
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This means that, in most circumstances, an employer cannot ask nesded an employee's complete medical records because they are likely to contain information unrelated to the disability at issue and the need for accommodation. During her extended absence, a rumor circulated among some employees that Kim had been given additional time off to be treated for depression. The employer is concerned that the employee poses a direct threat Wwnt the health and safety of others because she frequently works with sharp knives and might cut herself while preparing produce for display.
Example A: For the past two months, Sally, a tax auditor for a federal government agency, has done a third fewer audits than the average employee in her unit.
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Available scientific evidence shows that the possibility of transmitting HIV from a produce clerk to other employees or the public, assuming the store's policy is observed, is virtually nonexistent. An employer also must pay all costs associated with the employee's visit s to its health care professional. Generally, a disability-related inquiry or medical examination of an employee may be "job-related and consistent with business necessity" when an employer "has a reasonable belief, based on objective evidence, that: 1 an employee's ability to perform essential job functions will be impaired by a medical condition; or 2 an employee will pose a direct threat 39 due to a medical condition.
The employer, therefore, may make disability-related inquiries of Richard or require him to submit to a medical examination to determine whether he can ;iss the essential functions of his job. Dan the employee repeatedly has tested negative for alcohol, continued testing may not be job-related and consistent with business necessity because the employer no longer may have a reasonable belief that the employee will pose a direct threat.
What is a "disability-related inquiry"?
Cojpansate employers require periodic medical examinations of employees in positions affecting public safety e. Example A: A data entry clerk broke her leg while skiing and was out of work for four weeks, after which time she returned to work on crutches.
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The employer, therefore, may not make any disability-related inquiries or require a medical examination but generally may ask the clerk how she is doing and express concern about her injury. Concerned about the employee's declining performance, which appears to be due to a medical condition, the supervisor tells her to go see the company doctor, but she does not.
Some compnasate of a home dialysis schedule include: 4 times a week for 4 hours 5 times a week for 3 hours 6 days a week for 8 hours overnight Peritoneal dialysis Peritoneal dialysis cann the inside lining of your abdomen the peritoneum as the filter, rather than a machine. Example B: An attorney pisw been off from work in a residential alcohol treatment program for six weeks and has been cleared to return to work.
The action the employer may take depends on its reason for making the disability-related inquiry or requiring a medical examination.
The invitation to self-identify also must be necessary in order to provide yok benefit. To ensure that it receives sufficient information to make this determination, the employer may want to provide the doctor who does the examination with a description of the employee's duties, including any physical qualification standards, and require that the employee provide documentation of his ability to work following the examination.
An employer is entitled only to the information necessary to determine whether the employee can do the essential functions of the job or work without posing a direct threat. Ti an employer make disability-related inquiries or conduct medical examinations that are part of its voluntary wellness program?
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The employer, therefore, may not make any disability-related inquiries or require the employee to submit to a medical examination. This means that the examination must be limited to determining the existence of an ADA disability and the functional limitations that require reasonable accommodation. The employer asks the employee to provide documentation from her treating physician that: 1 describes the nature, severity, and duration of her impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits her ability to perform the activity or activities; and 2 substantiates why an ergonomic chair is needed.
These individuals are employees and, therefore, the employer only may make a disability-related inquiry or require a medical examination that is job-related and consistent with business necessity.
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Example Needee An ant with no known disability asks for an ergonomic chair because she says she is having back pain. Following a conditional offer of employment, the employer may ask disability-related questions and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category. Unlike other provisions of the ADA which are limited to qualified individuals with disabilities, 13 the use of the term "employee" in this provision reflects Congress's intent to cover a broader class of individuals and to prevent employers from asking questions and conducting medical examinations that serve no legitimate purpose.
The employer may not use the employee's leave as a justification for making far-ranging disability-related inquiries or requiring an unrelated medical examination. Changing the fluid usually takes about 30 to 40 minutes and normally needs to be repeated around 4 times a day. Any medical examination conducted by the employer's health care professional must be job-related and consistent with business necessity. But often, someone with kidney failure will need a kidney transplant.
In addition, periodic medical examinations and other monitoring under specific circumstances may be job-related and consistent with business necessity. The driver explained that he had not had a drink in more than 10 tto until he recently started comppansate a couple of beers before bed to deal with the recent separation from his csn.
Note: ing and references removed for on-line version. Under these limited circumstances, an employer must be able to demonstrate that an employee's inability or impaired ability to perform essential functions will result in a direct threat.
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At the first stage prior to an offer of employmentthe ADA prohibits all disability-related inquiries and medical examinations, even if they are related to the job. A "medical examination" is a procedure or test that seeks information about an individual's physical or mental impairments or health. If the employee's request for leave did not specify an exact or fairly specific return date e.
BSIone of its clients. Similarly, airline pilots and flight attendants must continually meet certain medical requirements.
There are a of procedures and tests employers may require that generally are not considered medical examinations, including: tests to determine jf current illegal use of drugs; 32 physical agility tests, which measure an employee's ability to perform actual or simulated job tasks, and physical fitness tests, which measure an employee's performance of physical tasks, such as running or lifting, as long as these tests do not include examinations that could be considered medical e.
Life on dialysis Many people on dialysis have a good quality of life. Two days after his release, the employee returns to work with a note from his doctor indicating only that neeeded is "cleared to return to work.