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	<title>HRLegalNews.com &#187; medical tests</title>
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		<title>When do medical tests to ensure safety violate ADA?</title>
		<link>http://www.hrlegalnews.com/when-do-medical-tests-to-ensure-safety-violate-ada/</link>
		<comments>http://www.hrlegalnews.com/when-do-medical-tests-to-ensure-safety-violate-ada/#comments</comments>
		<pubDate>Mon, 02 Mar 2009 11:00:24 +0000</pubDate>
		<dc:creator>Sam Narisi</dc:creator>
				<category><![CDATA[Americans with Disabilities Act]]></category>
		<category><![CDATA[In this week's e-newsletter]]></category>
		<category><![CDATA[Job Screening Tests]]></category>
		<category><![CDATA[Latest News & Views]]></category>
		<category><![CDATA[ADA]]></category>
		<category><![CDATA[medical tests]]></category>
		<category><![CDATA[safety]]></category>

		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=1075</guid>
		<description><![CDATA[The Americans with Disabilities Act forbids companies from giving employees medical tests unless they&#8217;re &#8220;job related and consistent with business necessity.&#8221; What does that really mean? The law doesn&#8217;t say, but here&#8217;s some guidance from a recent court decision: To ensure workplace safety, the company required all employees operating equipment such as forklifts and bulldozers [...]]]></description>
			<content:encoded><![CDATA[<p>The Americans with Disabilities Act forbids companies from giving employees medical tests unless they&#8217;re &#8220;job related and consistent with business necessity.&#8221; What does that really mean? The law doesn&#8217;t say, but here&#8217;s some guidance from a recent court decision: <span id="more-1075"></span></p>
<p>To ensure workplace safety, the company required all employees operating equipment such as forklifts and bulldozers to take a medical exam every three years. The exam included tests for hearing, vision, heart problems and reflexes.</p>
<p>There were no medical conditions that automatically disqualified employees from the job. Rather, in questionable cases, the results were sent to a physician for an opinion on whether the employee could perform his job safely.</p>
<p>A long-time worker had passed the exam several times &#8212; then one year, he refused to take it. The company reassigned him to a job that didn&#8217;t require the medical certification.</p>
<p>He sued, claiming the testing requirement violated the ADA. But the court ruled in favor of the company.</p>
<p>The employer was simply trying to provide a safe workplace &#8212; and periodic testing was an appropriate way to achieve that goal. As the court noted, the company couldn&#8217;t be expected to wait until there was an accident to learn an employee couldn&#8217;t perform the job.</p>
<p>Moreover, everything included in the test had a bearing on the individual&#8217;s ability to stay safe. And employees weren&#8217;t disqualified automatically based on certain medical conditions &#8212; they were all assessed individually based on the opinion of a doctor.</p>
<p><strong>Cite: </strong><em>Wice v. General Motors Corp.</em></p>
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