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N <br /> DocuSign Envelope ID:6E9B5308-6677-4F2E-9268-29D6E1A4FD76 <br /> Fit for Duty/Return to Work Information <br /> CONFIDENTIAL <br /> Following is additional information regarding <br /> Post-Employment Fit for Duty Testing and Return to Work <br /> E <br /> In the EEOC's Enforcement Guidance: Disability Related Inquiries and Medical Examinations of F <br /> Employees Under the Americans with Disabilities Act(2000),pages 7-16, the EEOC sets forth <br /> situations when a medical examination of an employee may be "job related and consistent with business <br /> necessity" as follows: <br /> f <br /> • when the employer observes reliable, objective evidence of current performance C <br /> problems indicting that the employee may not be able to perform essential job <br /> functions or may pose a direct threat to the health and safety of the employee or <br /> others because of a medical condition; <br /> • when an employer has a "reasonable belief that an employee's ability to perform <br /> essential job functions will be impaired by a medical condition or that s/he will <br /> pose a direct threat due to a medical condition" (must be based on objective <br /> evidence); B <br /> • when an employee seeks to return to work after being on leave for a medical <br /> reason if the employer"has a reasonable belief that an employee's present ability <br /> to perform essential job functions will be impaired by a medical condition or that <br /> s/he will pose a direct threat due to a medical condition" (employer's covered by <br /> h <br /> the federal Family and Medical Leave Act and any state medical leave laws <br /> should be aware of possible conflicting obligations); <br /> i <br /> • when an employee requests a reasonable accommodation; <br /> • when the employer requires periodic testing and monitoring of employees in <br /> positions affecting public safety; <br /> • when an employer requests medical examinations required by federal law or j <br /> regulation; and <br /> • when an employee voluntarily participates in a wellness program(examples <br /> include cancer detection, screening for high blood pressure, etc.) <br /> in <br /> NOTE TO EMPLOYERS: Post-Employment/Fit for Duty testing is rarely used to say an employee is <br /> �f <br /> not capable" of performing a job, and should never by used by the employer to terminate an employee <br /> without extreme caution and the appropriate due process necessary to prove that, given every <br /> opportunity, the employee could not be expected to adequately and safely perform the job or be given a <br /> reasonable accommodation to do so. <br /> This information is intended strictly for educational purposes for WorkSTEPS providers.This should not be considered legal advice,and <br /> the employer should consult counsel of their own choosing to determine how this information applies to individual circumstances. <br /> I <br />