Being told you need to undergo a fitness-for-duty exam can be stressful. For many employees, it feels less like a routine workplace requirement and more like a threat to their job.
Maybe a supervisor questioned your ability to do your work. Maybe there was a disagreement at the office. Maybe your employer suddenly wants access to your medical information and is demanding that you see a doctor before returning to work.
If you're asking, "Can my employer force me to take a fitness-for-duty exam?" the answer depends on the circumstances.
Federal law places important limits on when employers can require medical examinations, and those protections often apply even if you have never had a disability.
A fitness-for-duty exam is a medical or psychological evaluation that an employer requires to determine whether an employee can safely and effectively perform their job duties.
Employers sometimes request these evaluations after:
The key issue is not whether an employer wants an exam. The question is whether they have a legally valid reason to require one.
Under the Americans with Disabilities Act (ADA), employers generally cannot require a current employee to undergo a medical examination unless the request is:
This is an important standard.
An employer should be able to point to a legitimate work-related concern. There must be a reasonable basis for believing that an employee cannot perform essential job duties or may pose a safety risk in the workplace. An employer's curiosity, assumptions, workplace gossip, or generalized concerns are not enough.
No.
Many employees assume ADA protections only apply to workers who have disabilities. That's not always the case.
The ADA's restrictions on medical examinations are designed to protect employee privacy and prevent employers from making unnecessary inquiries into a worker's health. That means an employer may violate the law by requiring an improper medical exam even if the employee does not have a disability and has never claimed one.
Yes.
An improperly required fitness-for-duty exam can be more than just an inconvenience. Under federal law, an unjustified medical examination may itself be considered unlawful discrimination.
If an employee loses pay, benefits, work opportunities, or employment because of an improper medical exam requirement, there may be legal remedies available. Every situation is different, which is why it is important to evaluate the facts carefully and understand whether the employer's actions meet the legal standard required by the ADA.
If your employer tells you to undergo a fitness-for-duty exam, taking the right steps early can make a significant difference.
Request a written explanation of why the examination is being required.
A legitimate request is often tied to specific job duties, documented concerns, or workplace safety issues. Vague explanations may raise additional questions.
Ask:
The scope of the evaluation should relate to the employer's stated concerns.
Do not assume every authorization form is appropriate.
Some employers or providers may request broad access to medical records that extend beyond the purpose of the examination. Make sure you understand exactly what information you are authorizing others to obtain.
Save emails, letters, forms, and other communications.
Document:
These records may become important if a dispute develops later.
Many employees want to refuse the examination immediately. While there may be situations where an employer's request is unlawful, refusing outright can sometimes lead to discipline, suspension, or unpaid leave. Before making a decision, it is important to understand your rights and the potential consequences.
Employees are sometimes removed from work while waiting for a fitness-for-duty evaluation or the results of an examination.
If the exam was not legally justified, the financial impact can be significant. Lost wages, lost benefits, and other employment-related damages may become part of a potential legal claim. Determining whether you have a claim depends on the specific facts of your situation, the employer's reasoning, and how the examination process was handled.
If your employer is requiring a fitness-for-duty exam, demanding medical information, or placing your job at risk because of a medical evaluation, it is important to understand your legal options.
The experienced employment attorneys at Lebau & Neuworth represent employees throughout Maryland in workplace disputes involving disability rights, wrongful termination, discrimination, retaliation, and other employment law matters. Our team can evaluate your situation, explain your rights, and help you determine whether your employer's actions comply with federal and state law. Contact Lebau & Neuworth today to schedule a confidential consultation.
