Bomb Squad Officer with Hand Tremors Can Be Temporarily Transferred Pending a Medical Exam
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In a common sense ruling, an Arizona federal court has determined that a city was within its rights to temporarily transfer a bomb squad technician pending a medical exam. According to the court’s opinion, the transfer occurred after a fellow employee observed the plaintiff was having hand tremors and reported that the plaintiff had dropped some chemicals with which he had been working. The plaintiff, who argued that the spill was a common occurrence and that any hand tremors were not the cause of him dropping the chemical, sued the city after a neurologist cleared him to return to duty. The plaintiff alleged that the city perceived him as disabled and violated the ADA by forcing him to undergo a medical exam. Finding that the requested medical exam was related to the job the officer performed and was consistent with business necessity, the court rejected plaintiff’s claims and entered summary judgment in favor of the city.
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