Principles for Public Safety Employment

Administrative Law Judge and the decision of that arbitrator or arbitration panel will be binding upon the employing agency – thus usurping the contrary APA provisions described above. All other employing agencies that utilize an appeal processes that does not call for binding arbitration will not be impacted by this amendment and must create appeal procedures that comply with the APA. Similarly, appeals instituted by agencies which license or certify firefighters – such as the State Emergency Medical Services Authority – must continue to adhere to the APA in all respects.

Section 6 F ITNESS FOR D UTY E XAMINATIONS

A. W HEN IS A F ITNESS FOR D UTY E XAMINATION A LLOWED ( OR R EQUIRED )? This section outlines the authority of an employer to require a current employee to undergo medical and/or psychological examinations for purposes of determining the employee’s “fitness for duty.” Under the ADA, an employer may require an employee to undergo a medical examination (and/or inquiry) if it is job-related and consistent with business necessity. 305 According to the Interpretive Guidance issued by the EEOC, the above rule permits employers to require a fitness for duty exam, when there is a need to determine whether an employee is still able to perform the essential functions of his or her job. 306 Under the FEHA, medical and psychological examinations are prohibited unless the employer can prove the following:  Applicants – the exam is job related, consistent with business necessity and required of all entering employees in the same job classification. 307 In addition, California’s FEHA regulations establish that an employer may require a job applicant to undergo a medical examination if it is directly related and pertinent to the position the applicant is applying for, or directly related to a determination of whether the applicant would endanger his or her health or safety or the health or safety of others. 308  Current employees – the exam is job related and consistent with business necessity. 309 Moreover, the courts have upheld a public employer’s right to conduct fitness for duty examinations. In the words of the Ninth Circuit Court of Appeals:

“the government clearly has a valid concern with the productivity and stability of its work force. Citizens rightly expect the government to

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