LUSD has a duty to provide a safe, effective, and efficient workplace. 

An employer may require an employee to undergo an FFDE only if the purpose is job related and consistent with a business necessity. This means the examination must be limited to determining the functional limitation(s) that require(s) reasonable accommodation. 

A FFDE may be conducted if the employer has a reasonable belief, based on objective evidence, that:

• An employee has difficulty performing the essential job functions due to a disability or medical condition;

• An employee will pose a direct threat to themselves or others because of a disability or medical condition.

• There is good cause such as excessive absenteeism or poor productivity.

There are several ways an employer can establish reasonable belief: 

• An employer knows about a specific disability or medical condition AND has observed performance problems that can be attributed to the condition;

• Reliable third parties have reported a disability or medical condition AND the employer observes performance problems that can be attributed to the condition;

• An employer observes symptoms indicating an employee may have a disability or medical condition that will prevent them from performing the essential job functions OR that pose a direct threat (defined as a significant threat to the health and safety of themselves or others that cannot be eliminated by reasonable accommodation).

If an employee requests an accommodation for a disability, the employer can require an employee to undergo an FFDE under the following conditions:

• The employee does not present documentation from a health care provider confirming the existence of a disability AND the disability is not obvious.

• Documentation from a health care provider is insufficient because it does not specify the existence of disability and explain the need for accommodation.

• A health care provider lacks the expertise to confirm the disability or need for accommodation.

• Objective evidence to indicate the information is not credible and/or is fraudulent.

An FFDE conducted under the above conditions must be limited to documentation to establish:

• The existence of a disability;

• The need for accommodations for the disability.

An employee returning from FMLA leave for their own serious health condition may be required to undergo an FFDE:

• After the employee returns to their position; and,

• When the FFDE is job related and consistent with business necessity, and supported by a reasonable belief, based on objective evidence, that the employee has difficulty performing their essential job functions or poses a direct threat to themselves or others. The employer can rely on past conduct.