Fitness for Duty Examinations

Recent Court Decisions: News and References

Williams v. Township of Lake Wood (2016), decision for employee, Paul Williams, published state precedent: In re: Williams, Superior Court of New Jersey, Appellate Division.

Federal lawsuit, EEOC v. Cummins Power Generation, settled in favor of employee, "Cummins Power Generation to Pay Over $87,000 to Resolve EEOC Disability Lawsuit:" EEOC Press Release.

Journal Article corresponding Kao v. USF (2014), Dean and Provost, Volume 16, Issue 6, February 2015 (excerpt): Journal Article Excerpt.

EEOC challenges overbroad medical releases in lawsuit against Cummins Power, "Company Violated Two Federal Laws by Making Invasive and Irrelevant Inquiries Through Its Medical Releases, Federal Agency Charges," federal lawsuit filed September 8, 2014, trial pending: EEOC Press Release (www.eeoc.gov), Lawsuit Federal District Court of Minnesota.

Article, EEOC v. Cummins (see above), in HR Morning: HR News & Insights, September 19, 2014 (www.hrmorning.com): EEOC Lawsuit News.

Kao v. The University of San Francisco (2014), decision for employer USF, published state precedent (see notes as to this version under section labeled Reference Documents & Court Summary on main webpage): California Appellate Court Decision.

White v. County of Los Angeles (2014), decision for employer Los Angeles, published federal precedent): Federal Appellate Court Decision.

Owusu-Ansah v. The Coca-Cola Company (2013), decision for employer Coca-Cola, published federal precedent: Federal Appellate Court Decision.

Chaney v. Providence Health Care (2013), jury finds for employer Providence, verdict reversed by Appellate Court decision for employee Chaney, Supreme Court affirms Appellate Court Decision, 2013 published state precedent: Washington Appellate Court Decision, Washington State Supreme Court Review.

Lee v. Northwestern University (2012), decision for employer Northwestern University, published federal precedent: Federal District Court Decision.

Scott v. Napolitano, latter defendant, Department of Homeland Security (2010), decision for employee Scott, published federal precedent: Federal District Court Decision.

Blough v. Menlo College, jury finds for employee Blough, Superior Court judge reverses punitive damages affirms remaining, settlement on appeal--terms confidential, trial 2008, not state precedent, involved specialists: Dr. James R. Missett psychiatrist, Dr. Norman T. Reynolds psychiatrist. Records of the San Mateo Superior Court.

Trial Transcript of Blough v. Menlo College, 2008 public record, obtained as trial exhibit for Kao v. USF, court proceedings 2012: Transcript Records San Mateo Superior Court. Dr. Missett's fitness for duty examination concluded that cancer survivor, Professor Marcine Blough, was a Vicodin abuser (see trial transcript, pg. 1022-1032).

Giusto v. City of San Mateo Personnel Board, trial court finds in favor of Giusto, reversed on appeal, decision for employer San Mateo (2008 unpublished, not state precedent), involved specialists: Dr. James R. Missett psychiatrist, Dr. Norman T. Reynolds psychiatrist. California Appellate Court Decision.


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