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Topical
ADA Archive
Medical
Examinations
- EEOC
v. Prevo's Family Market, (CA 6),
8 AD Cases 401, 2/4/1998
Summary: Employer that was informed by produce department employee
that he was positive for Human Immunodeficiency Virus was not
required to take his word that he had an illness that might require
special accommodation but, instead, could require him to undergo
medical examination to confirm or disprove his statement without
violating ADA. If otherwise, every employee could claim disability
warranting special accommodation yet deny employer opportunity
to confirm whether need for accommodation exists; ADA's purpose
was not to create impediments for such employer-employee cooperation
but to promote interactive dialogue to discover to what extent
employee is disabled and how he may be accommodated in workplace.
- Rodriguez v. Loctite Puerto Rico, Inc., (DC PR), 8
AD Cases 835, 6/25/1997
Summary: Employer's request that employee who allegedly had systemic
lupus erythematosus undergo medical examination before deciding
whether to grant her request for two-month medical leave was consistent
with business necessity, where she did not have substantial record
of absenteeism due to illness, employer was aware of her alleged
lupus condition, the purpose of the examination would have been
to determine whether she could perform her job, she admits that
doctor filled in dates of medical excuse not on basis of his independent
judgment but on basis of her request that she needed two-months
respite, and she had never formally informed employer of any impairment.
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