According to the Americans with Disabilities Act of 1990 (ADA), a Fitness-for-Duty Evaluation (FFDE) is called for when an employer has a reasonable belief, based on objective evidence, that an employee may have a psychological condition that is impairing their ability to perform essential job functions, or the employee poses a direct threat. Furthermore, case law established that an employer need not wait for objective evidence of impaired performance before justifying an FFDE when the employee is involved in dangerous work.
Specific to law enforcement, in Brownfield v. City of Yakima (2010), a federal circuit court upheld the validity of a police chief’s order for an FFDE even before there was any evidence of impaired work performance. The court noted that police officers are likely to encounter extremely stressful and dangerous situations during the course of their work. When a police department has good reason to doubt an officer’s ability to respond to these situations in an appropriate manner, an FFDE is consistent with “business necessity” (Para. 35). The FFDE is an important tool that enables law enforcement agencies to intervene when there is concern over an officer’s behavior and before the problem worsens. The earlier the intervention, the better the chances are that the officer can recover and get back on track. with citations..
Review the three scenarios included in the interactive media, FFDE Decision Making, which is located in the Learning Resources for this Discussion.
For each scenario, consider the following:
Is the use of an FFDE appropriate? Why or why not?
How would you defend your position on whether or not to administer an FFDE? Be prepared to cite relevant criteria standard(s) and any additional information needed to make the decision.
What are the potential ethical considerations to keep in mind when determining whether or not to use an FFDE?
What do you believe should be the outcome of the FFDE and why?
State whether or not administering an FFDE is appropriate and explain why. Defend your position by citing relevant criterion standards and/or any additional information that you used to make your decision.
Explain the potential ethical considerations to keep in mind when determining whether or not to use an FFDE.
State what you believe is the correct outcome of the FFDE and explain why. Defend your outcome by citing relevant criterion standards and/or any additional information that you used to make your decision.