Every good HR professional knows a medical exam must be job-related and consistent with business necessity. To reject or terminate a person for a medical condition, it must be shown that the employee could not perform essential job functions. But what about a physical agility test? Is that a problem?
Physical agility tests–to measure an employee’s ability to perform actual or simulated job duties–are usually not considered medical exams, according to EEOC guidance. But if the test starts to look medical—measuring blood pressure, muscle strength or range of motion–the trouble starts.
Recently, a bottling company’s actions showed what not to do with an employee. Here is the breakdown of the errors:
- The employee was unlawfully asked about her limp, causing her to reveal that she has MS;
- She was given a physical agility test–the only new hire required to take one;
- The test took place in a medical setting and included measuring blood pressure and range of motion;
- The employee met all four job-specific requirements, despite noting decreased strength;
- The employee had never been counseled for not meeting job expectations;
- After the test, the employee was placed on unpaid leave and fired the same day; and
- The next day, the employee provided a doctor’s note to clear her for work, which was rejected.
So many lessons! The Americans with Disabilities Act (ADA) bell was rung by asking about the limp–and requiring the disclosure of disability-related medical information. The employee was “regarded” as disabled. The physical agility was really an impermissible medical exam. And you know the rest–she was singled out, could perform the job and had doctor’s clearance.
Cases like these seem so awful and obviously wrong but they are a good reminder what not to do. At every step.
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