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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
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I am seeking advise my employer wants me to take a maximum

Customer Question

i am seeking advise my employer wants me to take a maximum physical capacity test that goes against my doctors restrictions
Submitted: 2 years ago.
Category: Employment Law
Expert:  socrateaser replied 2 years ago.
Hello, The Americans with Disabilities Act permits an employer to pay for a medical evaluation, if it is job-related and consistent with business necessity. 42 U.S.C. §12112(d)(4)(A)(1994); 29 C.F.R. §1630.14(c)(1998). The issue here is whether or not your job description requires a certain level of physical capacity, or whether this is really just an excuse to find a reason to terminate your employment. The fact that the test may contradict your physician's instructions is not relevant to the legal issue. What matters is whether or not you can perform the essential functions of your job, without necessarily passing the test. If you can, then the test is unreasonable and a violation of the ADA, and you can refuse the test. If you cannot, then you must take the test. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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