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Martina, a hospital administrator, has learned that Parker, a staff anesthesiologist, has diabetes and has been using an insulin pump for the past year. There have been no incidents indicating a performance problem but she wants to send Parker to a fitness-for-duty examination to ensure that his blood sugar can be maintained properly during lengthy surgeries and that he does not pose any safety risk in the operating room. Under the law, can she do this?
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Answer: |
In this instance, requiring a fitness-for-duty examination would violate the Americans with Disabilities Act (ADA) because there is no evidence that the anesthesiologist was unable to perform his job or posed a direct threat due to his diabetes and use of insulin.
Under the ADA, an employer may require an employee to take a medical examination if the employer has a reasonable belief that the employee may be unable to perform the essential functions of the job or may pose a direct threat due to a medical condition. The reason for this rule is that once an applicant has been hired and begins work, performance is generally the best measure of ability to work. However, an employer may make disability-related inquiries or require a medical examination if the employer has a reasonable basis (i.e., evidence of current performance problems, observable evidence, or individualized medical information) for believing that the employee may be unable to perform the essential functions of the job or may pose a direct threat due to a medical condition.
Source: EEOC Questions & Answers on Applying ADA Employment Rules in Health Care Jobs, reported in the CCH Accommodating Disabilities Business Management Guide, New Developments ¶90,071.
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