Q - A: Sending an employee for a medical exam

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 ER 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?

The Americans with Disabilities Act (ADA) prohibits employers from making disability-related inquiries in some circumstances. In other situations, including when an inquiry is "job-related and consistent with business necessity," employers are permitted to make disability-related inquiries. Under the ADA, in those circumstances, the employer could send the employee for a medical exam.

According to the Equal Employment Opportunity Commission (EEOC), a medical exam is job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that (1) an employee's ability to perform essential job functions will be impaired by a medical condition or (2) the individual will pose a direct threat due to a medical condition. "Direct threat" means a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation. This standard can be met in a number of ways, including when the employer "observes symptoms indicting that an employee may have a medical condition that will impair his/her ability to perform essential functions or will pose a direct threat."