45 Pages Posted: 26 Jan 2016 Last revised: 6 Jun 2016
Date Written: December 15, 2015
Although medical care delivery by one’s personal physician is the paradigmatic American healthcare arrangement, in the workplace setting, many Americans undergo medical evaluations to assess their fitness for duty or degree of impairment. This Article explores the complex and evolving legal status of occupational medical evaluations. Beginning with the legal and ethical frameworks of occupational medical practice, the Article then examines the effects of increasingly detailed legal regulation under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on employees, employers, and physicians.
Keywords: Americans with Disabilities Act, ADA, Fitness for duty examinations, Genetic Information Nondiscrimination Act, GINA, occupational medicine, occupational physicians, Occupational Safety and Health Act, OSHA, OSH Act, Physician-patient relationship
JEL Classification: K31, K32
Suggested Citation: Suggested Citation
Rothstein, Mark A. and Roberts, Jessica L. and Guidotti, Tee L., Limiting Occupational Medical Evaluations Under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act (December 15, 2015). American Journal of Law and Medicine, Vol. 41, No. 4, 2015; U of Houston Law Center No. 2016-A-4. Available at SSRN: https://ssrn.com/abstract=2722078