Tag: Fitness For Duty
Employer Defeats ADA Law Suit For Alleged Improper Requirement of Fitness Examination
Fitness for duty examinations must meet a standard of being job related and consistent with business necessity. If the employer does not have enough to meet this standard, the employer may be sued for discrimination under the ADA for improperly requiring a fitness examination. The employer in Painter v. Illinois Department of Transportation, 2016 U.S. […]
Fitness-For-Duty Exams in Workers’ Compensation
The words “fitness for duty” do not appear in the New Jersey Workers’ Compensation Act, but the issue is of paramount importance to employers and employees in many workers’ compensation cases. In New Jersey the need for a fitness exam is often compelling because medical and temporary disability benefits end at maximal medical improvement often […]
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