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In the Matter of Paul Williams, Township of Lakewood, No. A-0341-15T2 (January 25, 2016)

Articles Discussing Case:

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

Ogletree Deakins • March 02, 2016
The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a fitness-for-duty examination in limited circumstances. Quoting an Equal Employment Opportunity Commission Enforcement Guidance, the court found that fitness-for-duty examinations are permissible only 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 due to a medical condition.” In the Matter of Paul Williams, Township of Lakewood, No. A-0341-15T2 (January 25, 2016)