Legal Question in Employment Law in California
Forced Disability Retirement
I had an organ transplant and I will always be on immuno suppressant medication. My transplant MD has returned me to work without restrictions. My employer (public agency)wants to see their doctor to see if I am a high risk employee because of the immuno suppression. They said that if I am a higher risk they will require that I take a disability retirement. My MD will not support a disability retirement. I am now a supervisor and work in the office but there is a clause in my position description that states I may be required to work in the field and possibly exposed to sewage because I am a working supervisor.Can my employer require that I see a doctor for evaluation of possible future risk?. If a doctor were to say that I am a high risk employee because of the immuno suppression can the employer force me into disability retirement? I am otherwise a very healthy individual who has worked at this wastewater plant for 25 years. I am 5 year away from regular retirement and want to continue to work until retirement with no restrictions. I cannot live on the amount of money that a disability retirement would pay me.
2 Answers from Attorneys
Re: Forced Disability Retirement
Under a the safety defense of the ADA they can make you undergo a fitness exam. However, the fitness exam can only deal with issues that involve the essential functions of the job. Any decision to terminate must also be based on essential functions of the job. You should consult an attorney in your area about this.
Re: Forced Disability Retirement
They may be able to force the doctor exam, but that is not the end of the line. You need to discuss this situation, and your desired outcome, with someone experienced in dealing with such issues. Contact me if interested.
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