An Administrator's Guide to California Private School Law Compendium

D OCUMENT 9.C

R EQUEST F OR D OCTOR T O P ROVIDE F ITNESS F OR D UTY E XAM F OR E MPLOYEE Re: Request for Fitness-For-Duty Assessment [Date]

[Doctor’s name and address] Dear Dr. [Doctor’s name]:

Pursuant to the Americans with Disabilities Act- ADA (42 U.S.C. §§ 12101, et seq.) and the Fair Employment and Housing Act - FEHA (Government Code § 12940), the [school] requests that you to examine whether [employee] is fit for duty as a [job title] for [school]. The [school] has a duty to reasonably accommodate employees who are disabled within the meaning of the ADA and FEHA and who can perform the essential job duties of their positions with or without reasonable accommodation. The purpose of this letter is to request you to assist the [school] in determining whether [employee] is disabled. Enclosed is the job description for the [job title] classification. Please make your assessment based upon the job duties listed in the job description and pursuant to the ADA and FEHA requirements. To that end, please respond only to the following questions. The [school] seeks only information regarding [employee’s] functional limitations, if any, that may entitle [him or her] to leave from work or that may limit [his or her] fitness to perform [his or her] present employment. Do not provide any information regarding medical cause or medical history. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. Thus, we also request that you not provide genetic information when responding to this request. Your discussion should be limited to your determination of the employee’s limitations or need for accommodations, if any.

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