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Limiting Occupational Medical Evaluations Under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act

45 Pages Posted: 26 Jan 2016 Last revised: 6 Jun 2016

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Jessica L. Roberts

University of Houston Law Center

Tee L. Guidotti

George Washington University - School of Public Health and Health Services (SPHHS)

Date Written: December 15, 2015

Abstract

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

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

Mark Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Jessica Roberts

University of Houston Law Center ( email )

Houston, TX 77204
United States

Tee L. Guidotti

George Washington University - School of Public Health and Health Services (SPHHS) ( email )

2300 I Street, NW
Ross Hall 106
Washington, DC 20037
United States

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