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Thank you for your question. Does the testing relate to the employees' ability to perform their jobs? Or is it arbitrary?
The testing includes running, sprinting 50 yards, jumping and push-ups. The guards do rounds to check locks etc, have to respond to alarms quickly run vehicles not running. I suppose it's possible they might have to run fast in emergency situations. Respond quickly in vehicles....not so much running
Is there any possibility that he would have a physical confrontation with someone as a part of his job duties?
Ok, so it would probably be fair to say that when someone's job duties involves the risk of physical physical confrontation with another person, it would be necessary to have a certain level of physical ability to perform the job adequately, and that might include things like sprinting, lifting, or jumping because those abilities might be necessary to overpower someone. Arkansas is an employment-at-will state, which means that an employer can modify or terminate the employment relationship at most any time and for most any reason. There is generally no grandfathering protection. An employer can therefore impose new requirements today and remove them tomorrow for most any reason, or for no reason at all. The law generally does not get involved in the private employment relationship between a private employer and a private employee. That said, some reasons for termination are illegal, and an employer sometimes will create standards for its employees under the guise of necessity, but with the intent of circumventing the illegal restriction. For example, it is illegal to discriminate/terminate against someone because of their age if they are over the age of 40. So if an employer mandates a physical challenge of its employees, it would be illegal if the real purpose was to discriminate against elderly employees who are less likely to be mobile. That is why I asked about whether the test would actually help demonstrate an employee's ability to perform the job--if it really does test the employee's ability to do the job, then it would be less likely that the purpose is to discriminate against elderly employees. I should be clear that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, it is legal for an employer to change the work standards for already existing employees, however it is illegal to do so if it is nothing more than a roundabout way of discriminating against employees over the age of 40.
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Thank you for your answer.
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