Albert v. Runyon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that employer “needs some reason beyond an employee’s having taken FMLA leave to justify ordering a fitness-for-duty examination”
• noting secretary of labor declined to allow employers to seek second opinion as to employee’s fitness for duty on grounds that statute specifically authorizes second opinions with respect to original medical certification for a leave, but not with respect to the fitness-for-duty certification
• “The ADA and the FMLA do not conflict if the ADA’s business necessity requirement requires more than an employee’s having taken FMLA leave.”
• “Once [Plaintiff] returns to work, [Defendant] may order her to undergo a fitness-for-duty examination if it has sufficient reason under the ADA/Rehabilitation Act and its own agency regulations.”
• “[T]hat the ADA does not preclude employers from requiring employees who suffer performance problems that may be health related to undergo medical examinations [or inquiries] does not mean that the FMLA permits all such examinations [or inquiries].”

Source: CourtListener parenthetical corpus (CC0).