Dizzy worker balks at getting checked out, raising ADA issues

Q         We have an employee who felt dizzy and numb at work, so we called EMS. They took his vitals (which were fine) and suggested he go to the emergency room to get checked out. He refused to go. Although we can't force him to get checked out, we don't want him driving our company vehicle either. What are our options?

A   In these situations, the law must balance an employee’s right to keep his medical information private and the danger of disability discrimination with the risk he could pose to the public and himself if he suddenly becomes incapacitated while operating a vehicle. The Equal Employment Opportunity Commission (EEOC) has published guidance on the issue, which clarifies the Americans with Disabilities Act (ADA) allows a medical examination of employees when the inquiry is clearly job-related and consistent with a business necessity.

Further, an employee who poses a threat to his or others’ safety gives an employer more latitude. The EEOC guidance says an employer may require the employee to undergo a medical exam and provide a doctor’s note stating he is able to operate a vehicle and other heavy machinery. The agency even suggests the employer can provide the doctor to perform the exam.

If the exam shows the employee has a medical condition making it unsafe for him to operate a vehicle, you should work with him to find a reasonable accommodation or another position in the company he can perform safely.