Physical Agility Tests Can Be Deemed Medical Examinations Under the Americans with Disabilities Act ("ADA")
When does a physical agility test measuring an employee's ability to perform actual or simulated job tasks qualify as a medical examination under the ADA? The question is important for employers because, if the test is deemed a medical examination, the ADA mandates that it be job-related and consistent with business necessity. Recently, the U.S. Court of Appeals for the Ninth Circuit addressed this question in Indergard v. Georgia-Pacific Corp., 582 F.3d 1049 (9th Cir. 2009).