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Fitness for Duty Examinations in California

fitness-for-duty-examinaitions-california
Both ADA and California FEHA (Fair Employment and Housing Act) permit employers to conduct fitness for duty examination in certain situations. Under California Government Code section 12940(f)(2), covered employers may require that an employee undergo a medical or psychological examination or make medical or psychological inquires of employees that are "job related and consistent with business necessity". In Yin v State of California (1996), a court held that "business necessity" is present under ADA to justify a fitness of duty examination when an employee's health problems have had a substantial and injurious impact on his job performance. Various courts have upheld mandatory fitness for duty examinations in the following circumstances:   
  • Outburst by attorney in court towards opposing attorney and erratic behavior thereafter;
  • Multiple outbursts and inappropriate behavior;  
  • Disruptive and abusive verbal outbursts at school board meetings and disparaging remarks about superintendent with threats; 
  • History of stress related absences from work;
  • Arguments and inability to properly interact with co-workers, and 
  • Diabetic episodes. 

One of the biggest concerns for employees in submitting to fitness for duty examinations is maintaining confidentiality and privacy in their medical records. The California Confidentiality and Medical Information Act (CMIA) protects the confidentiality of medical information for patients by restricting the release of medical information. The CMIA requires written authorization from a patient before a health care provider can release medical information.  Section 56.10(c)(8)(B) of the CMIA allows a health care provider to disclose certain medical information to the employer if the health care provider provided health care services at the specific prior written request and expenses of the employer. The health care provider may disclose medical information that describes "functional limitations" of the patient that may entitle that patient to leave work for medical reasons or limit the patient's fitness to perform his present job duties, provided that no statement of the medical cause may be disclosed. 

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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case