CourtCases2010

Moe j denied employees motion to dismiss employee

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Unformatted text preview: the enforcing agency, while not controlling upon the courts by reason of their authority, do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance." Id. (citations omitted) (quotations omitted). See also id. at 763 n.2 (discussing weight to be given to EEOC's interpretive guidelines and noting that to the extent that interpretive guidelines interpret EEOC regulations they are controlling regarding the regulations' meaning, unless plainly wrong or inconsistent) (Moore, J.). 231 - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**47] The recognized legitimate business purposes are as follows: (1) when an employee is having difficulty performing his or her job effectively; (2) when an employee becomes disabled on the job or wishes to return to work after suffering an illness; (3) if an employee requests an accommodation; and (4) if medical examination, screening, and monitoring is required by other laws. See ADA Technical Assistance Manual, Chap. VI, 12-14 (1992), cited in Dist. Ct. Op. at 5 (8/27/96), J.A. at 24. See also S. Rep. No. 101116, at 39; H.R. Rep. No. 101-485 (II), at 75 and (III), at 44; Yin v. California, 95 F.3d 864, 868 (9th Cir. 1996) (requiring medical examination where employee had difficulty performing job); Rodriguez v. Loctite Puerto Rico, Inc., 967 F. Supp. 653, 661-62 (D. P.R. 1997) (requiring medical examination where employee cited medical condition in requesting a two-month leave of absence); Judice v. Hospital Serv. Dist. No. 1, 919 F. Supp. 978 (E.D. La. 1996) (requiring medical evaluation for doctor seeking reinstatement of hospital staff privileges after suffering from alcoholism). See generally Chai R. Feldblum, Medical Examinations and Inquiries under [**48] the Americans With Disabilities Act: A View from the Inside, 64 Temple L. Rev. 521 (1991) (discussing circumstances under which employers may require medical examinations of current employees). None of the foregoing situations apply to Sharp. There is no dispute that he performed satisfactorily as a produce c...
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