U.S. 9th DCA Upholds Prophylactic Use of Fitness Exams

By Greg Jones, ReporterAn employer has a legitimate business necessity that justifies a fitness for duty exam for an employee when that employee's behavior -- but not necessarily his job performance -- suggests he might not be mentally competent, the U.S. 9th District Court of Appeals ruled recently.In Brownfield v. City of Yakima, the appeals court upheld the decision of the U.S. District Court for the Eastern District of Washington to grant summary judgment dismissing the claims brought by Oscar Brownfield alleging the city violated the Americans with Disabilities Act (ADA) by requiring ...