What is the business necessity enough to allow an employer to require an employee to submit to a medical exam?

Under the Americans With Disabilities Act (ADA) an employer may require an employee to submit to a medical exam where the exam or the related medical inquiry is both job-related and consistent with business necessity. 42 USC 12112(d)(4)(A).

So what does that mean? At least two things: (1) the business necessity standard cannot be satisfied by an employer's bare assertion that a medical examination was merel convenient or expedient.  (2) the individual who decides to require a medical examination must have a reasonable belief based on objective evidence that the employee's behavior threatens a vital function of the business.  These points were discussed by the Sixth Circuit, the federal appeals court that covers Kentucky, in its case, Kroll v. White Lake Ambulance Authority.  

Lexington, Kentucky ADA lawyer Robert Abell represents individuals and employees in cases under the Americans With Disabilities Act (ADA); contact him at 859-254-7076.