After being out on leave with a doctor’s release to return to work with no restrictions, is it legal for my employer to have me take a physical exam at an appointed facility?

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After being out on leave with a doctor’s release to return to work with no restrictions, is it legal for my employer to have me take a physical exam at an appointed facility?

Nobody else doing the same job or new hires are not required to take an exam.

Asked on April 29, 2018 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal: you were out of work for medical reasons. That gives them a legitimate interest in making sure you are capable of doing the job fully and safely. Because *you*--not others doing the same job or new hires--were out for medical cause, it is not illegal discrimination: the different treatment of you is based on something you did (going out for medical reasons) and therefore has a legitimate factual basis.


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