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Report Link Employer's Return-to-Work Evaluation Found Unlawful "Medical Exam" under ADA, Ninth Circuit Rules.Jackson Lewis LLP - November 06, 2009 Relying heavily on Equal Employment Opportunity Commission enforcement guidance, a federal appeals court in San Francisco has held that a physical capacity examination administered to an employee who had been on a medical leave of absence was an impermissible “medical examination” under the Americans with Disabilities Act. Indergard v. Georgia-Pacific Corp., No. 08-35278 (9th Cir. Sept. 28, 2009). The Court reversed summary judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link 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. Report Link EEOC Suggests Some Required Health Risk Assessments Violate ADA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 15, 2009 Employers who require their employees to participate in a health risk assessment in order to be eligible for health insurance coverage may be unknowingly violating the Americans with Disabilities Act (ADA). Report Link Federal Court Rules Employer-Required Medical Testing Did Not Violate ADA.Jackson Lewis LLP - February 11, 2009 Shedding light on when an employer can require medical testing for a class of employees without running afoul of the Americans with Disabilities Act (“ADA”), a Michigan district court has ruled that an employer did not violate the statute in ordering medical examinations that were a “‘reasonabl[y] effective method’ of achieving [the company’s] goal of a safe workplace.”
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