Principles for Public Safety Employment

the employer has for the applicant to challenge the decision or request reconsideration, and the right to file a complaint with the Department of Fair Employment and Housing. 72

5. D ENIAL OF E MPLOYMENT B ASED ON R ESULTS OF M EDICAL E XAMINATION An employer is not obligated to hire or retain an individual who is unable to perform the essential functions of the job with reasonable accommodation or who endangers his or her own health or the health and safety of others. 73 But, if a conditional job offer is withdrawn because of a medical or psychological exam/inquiry, the employer must be able to show that:  Its reasons are job-related and consistent with business necessity or to avoid a direct threat to health or safety; and  After a timely, good faith interactive process with the applicant, no An applicant may submit independent medical opinions for consideration before a final determination on disqualification is made. 75 An employer should be careful before “relying solely on the opinion of its own health care professional that an employee poses a direct threat where that opinion is contradicted by documentation from the employee's own treating physician, who is knowledgeable about the employee's medical condition and job functions, and/or other objective evidence.” 76 In evaluating conflicting medical information, the employer may find it helpful to consider:  the area of expertise of each medical professional who has provided information;  the kind of information each person providing documentation has about the job's essential functions and the work environment in which they are performed; reasonable accommodation was available that would enable the applicant to perform the essential functions of the job without a significant risk to health or safety, or that such an accommodation would cause an undue hardship to the employer. 74

 whether a particular opinion is based on speculation or on current, objectively verifiable information about the risks associated with a particular condition; and,  whether the medical opinion is contradicted by information known to or observed by the employer (e.g., information about the employee's actual experience in the job in question or in previous similar jobs). 77 Diffey v. Riverside County Sheriff’s Department 78 A deputy sheriff applicant was denied employment, following a conditional offer, based on his color-blindness. The applicant brought suit under ADA and FEHA alleging disability discrimination. The department contended that the applicant failed to meet the job requirements of a deputy sheriff because he failed the POST-recommended vision test (due to his colorblindness). While

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 22