Fitness Exam Request Okay Under ADA - Americans with Disabilities Act cited in teacher's discrimination lawsuit - Industry Legal Issue - Brief Article

Workforce, Oct, 2000 by D. Diane Hatch, James E. Hall

Richard Sullivan, who began working as a teacher for the River Valley School District in 1977, received consistently satisfactory performance evaluations until he began to display disruptive behavioral problems in 1995. For example, he engaged in abusive verbal outbursts before the school board during a discussion of his grievances, and he disclosed confidential information about a student's grades to a local newspaper.

When he refused the school superintendent's request to undergo a physical and mental assessment to determine if he was fit for duty, Sullivan was terminated. The termination was later reduced to a three-year suspension. Sullivan sued the school district for discrimination under the Americans with Disabilities Act (ADA) and Michigan law, asserting that he was perceived as disabled.

Both the federal district court and the US Court of Appeals for the Sixth Circuit concluded that the school district had not regarded Sullivan as disabled nor had it discriminated against him. "A request that an employee obtain a medical exam may signal that an employee's job performance is suffering, but that cannot itself prove perception of a disability." Further, the school district did not violate ADA by requesting Sullivan to undergo job-fitness exams. The US Supreme Court denied review of the case. Sullivan v. River Valley Sch. Dist., 197 F.3d 804 (6th Cir. 1999), US cert. denied, No. 99-1706 (6/26/00).

Impact: Since the ADA closely regulates requests for employees to undergo physical or mental exams, employers must exercise care to ensure employee rights.