Justices Deny Review Of ADA Decision Upholding Use Of Fitness For Duty Exam (Bloomberg Bureau of National Affairs) WASHINGTON, DC-- [Excerpt] The U.S. Supreme Court Nov. 18 declined to review a federal appeals courts ruling affirming that Coca-Cola Co. did not violate the Americans with Disabilities Act by requiring a call center worker who alarmed his supervisor by his alleged workplace conduct to undergo a fitness for duty examination. Franklin Owusu-Ansah, a native of Ghana, was working as a quality assurance specialist in December 2007 when he complained to manager Tanika Cabral about alleged national origin discrimination. Cabral was alarmed by Owusus behavior during their meeting at the Dunwoody, Ga., office, alleging he banged his fists on a table and said someone is going to pay. Owusu denied he engaged in such conduct. After Cabral reported Owusus alleged conduct to her supervisor, Coca-Cola placed Owusu on paid leave and required him to undergo a fitness for duty examination as a condition of returning to work. Owusu spoke with an independent consulting psychologist, who in turn recommended that Owusu visit a psychiatrist. Owusu did so, but he refused to answer the psychiatrists questions about Owusus job or workplace issues or to sign a release allowing the psychiatrist to discuss his impressions of Owusu with the consulting psychologist. Coca-Cola ultimately cleared Owusu for return to work after he completed a written personality test that showed him to be within normal limits. Owusu sued under an ADA provision that bars an employer from requiring a medical examination or making inquiries of an employee regarding whether the individual has a disability unless the employer can prove the medical exam or inquiries are job-related and consistent with business necessity. bna/justices-deny-review-n17179880335/
Posted on: Wed, 27 Nov 2013 17:18:19 +0000
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