The court held that the employer could not implement a medical examination targeting applicants over 40 years of age unless it could demonstrate a business necessity. The court observed that not all people over 40 have heart conditions that would affect them on their job. Inc. Fair Employment Practices , Volume 37 No.
Employers believe some workers abuse sick-leave policies by fraudulently requesting benefits.
In one recent case, an employer established sick-leave abuse by videotaping an employee working at her own store though she claimed to be too sick to perform a light duty job for the employer. The union argued the employer tried to set up the employee. However, just cause for suspicion of a worker's claim can warrant unusual methods. The arbitrator held that the employer suspected sick-leave abuse prior to its decision to conduct surveillance due to the worker's previous behavior. Alleging fraud can also backfire.