ADA Ruling Guides On Post-Leave Job Fitness Tests

By Arlene Kline and Paige Newman (April 14, 2022, 1:28 PM EDT) — Employers that have blanket policies requiring employees who are returning from an extended leave of absence to undergo medical or psychological examinations should be guided by a recent ruling, and take care to revise personnel policies and practices to help avoid allegations of violations of the Americans with Disabilities Act.

In an opinion issued last month, LaCroix v. Boston Police Department, the US District Court for the District of Massachusetts held that the Boston Police Department violated the ADA by requiring all employees, before being permitted to return to work after a leave of absence — regardless of the medical reason…

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