Huntington Beach, CA asked in Employment Law for California

Q: Hello. Can my CA. employer force me to do a Fit For Duty exam with their doctor? I have already passed exams elsewhere.

Their reason is not based on facts, but on opinions of a biased supervisor. I have no work history that shows eye trouble, I don’t wear glasses, and I’ve never complained about vision issues. Even so, I complied. I told HR that I would be going to my doctors, and they agreed. The results came back from my general doctor as no restrictions, and from my Optometrist as 20/20 reading vision, and 20/30 distance vision. CA. DMV and DOT only require 20/40 vision or better for approval, yet HR won’t release me to go back to work now after 7 weeks of this nonsense. This is not related to Workers Comp, any accident, or any related incident whatsoever, just the opinion of a biased supervisor who made up a narrative about my vision. I have never complained about my vision either.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, employers can request a "Fit for Duty" exam if they have a legitimate concern about your ability to perform essential job functions safely, but that concern must be based on objective facts, not just opinions or biases. Since you've already complied and passed exams with your own doctors, including meeting DMV and DOT vision standards, it seems your employer may be acting unreasonably by insisting on further tests without a valid reason.

You have rights under both the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), which prevent employers from discriminating against you based on perceived health issues, especially if those issues are not supported by medical evidence. If HR is blocking your return to work based on unfounded claims, this could be considered discriminatory or retaliatory behavior.

You may want to consult with an employment law attorney to explore your legal options, which might include filing a complaint with the Department of Fair Employment and Housing (DFEH) or taking legal action to ensure your rights are protected. Keep all documentation of your medical exams and communications with HR in case you need them later.

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