Psychotherapy and Psychological and Neuropsychological Evaluations

According to the ADA, when an employer has a reasonable belief, based on objective evidence, that an individual may have a psychological condition that impairs his or her ability to perform essential job functions or poses a direct threat, a fitness-for-duty evaluation (FFDE) is “job-related and consistent with business necessity” (42 U.S.C. §12112[d][4][A]; 29 C.F.R. §1630.14[c]). Case law has established that an employer need not wait for objective evidence of impaired performance before justifying an FFDE when the employee is engaged in dangerous work. 

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Dr. Fine is appointed an expert examiner by the Medical Board of California to conduct fitness-for-duty evaluations for physicians referred to the Probation Unit.  She is also qualified to conduct fitness-for-duty evaluations for other professions as well.

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The referring job agency should provide Dr. Fine with the following for an FFDE:

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1. A written description of the objective evidence giving rise to concerns about the employee’s fitness for duty and any particular questions that the employer wishes the examiner to address.

2. Background and collateral information regarding the employee’s past and recent performance, conduct and functioning, including: 

   • Job class specifications and/or job description

   • Performance evaluations

   • Previous remediation efforts

   • Commendations and testimonials

   • Internal affairs investigations

   • Formal citizen/public complaints

   • Use of force incidents

   • Reports related to officer involved shootings (for peace officers)

   • Civil claims

   • Disciplinary actions

   • Incident reports related to any triggering events

   • Medical records, med certs that the department may have

   • Prior psychological evaluation results, if any

   • Other supporting or relevant documentation related to the employee’s psychological fitness for duty.