Indergard v. Georgia-Pacific Corp (9th Cir. 2009)
Articles Discussing Case:
ADA Update: Fitness For Duty Exam Tangles Employer In ADA Violation.
Barker Olmsted & Barnier • October 05, 2009
Under the ADA, an employer may not require a current employee to undergo a medical examination unless the examination “is shown to be job-related and consistent with business necessity.” This rule applies to all employees, whether or not they are disabled under the ADA. Confusion persists, however, over what “counts” as a medical examination. A recent Ninth Circuit Court of Appeals case titled Indergard v. Georgia-Pacific Corp. examined the issue and applied a very liberal standard.
