Labor & Employment – ADA – Medical Leave – Medical Examination – Termination

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Davenport v. Michelin North America, Inc. (Lawyers Weekly No. 002-182-12, 8 pp.) (Jacquelyn D. Austin, USMJ) 6:12-cv-02064; D.S.C.

Holding: Where plaintiff alleges that, despite his own doctors’ releasing him to return to work, a company doctor’s work-hardening program prescription and work restrictions caused plaintiff to miss his deadline for returning to work after a medical leave, leading to plaintiff’s termination, the “business necessity” standard does not entitle defendant to dismissal of plaintiff’s claim under the Americans with Disabilities Act.

Defendant’s motion to dismiss should be denied.

Plaintiff’s treating physicians released him to return to work before his one-year medical leave expired, but the defendant-employer’s company doctor examined plaintiff and placed him in a three-week work hardening program and imposing lifting restrictions, causing plaintiff to stay out of work for more than a year.

Defendant had a policy of firing anyone who missed work for more than a year. Defendant followed that policy and fired plaintiff.

Under the ADA, a “covered entity shall not require a medical examination … as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination … is shown to be job-related and consistent with business necessity.” 42 U.S.C. § 12112(d)(4)(A).

Plaintiff’s complaint supports the reasonable inference that defendant required him to undergo a medical exam but that the exam was not job-related and/or consistent with business necessity. Additionally, plaintiff alleges that the company doctor’s restrictions necessarily delayed his return to work before his one-year of approved medical leave expired, which led to his termination.

These allegations state a claim that the medical exam by the company doctor was not consistent with business necessity. Plaintiff has alleged sufficient facts that, if true, would entitle him to relief pursuant to § 12112(d)(4)(A).

The motion should be denied.