Fitness for Duty Examinations in 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:
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.
- 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.