Common use of Employment Action Clause in Contracts

Employment Action. No adverse employment action may be taken against the employee on the basis of any medical or physical condition, including a failure to meet any physical or medical standard or similar deficiency identified through the testing and valuation procedures described above, unless such condition significantly impairs the employee’s ability to safely perform the essential duties of the position in light of his or her age or gender, and consistent with the Americans with Disabilities Act. In the event an evaluating professional identifies a condition that might reasonably interfere with the employee’s ability to safely perform the essential duties of the position, the employee and the employer shall be so informed. The evaluating professional will provide written recommendations concerning appropriate employment actions. The employee shall have the opportunity to secure a second opinion, from an appropriate professional of the employee’s choosing. If the second option is inconsistent with the first, the parties may settle the dispute for final decision to an arbitrator selected by the parties, with expenses shared by the union and the state.

Employment Action. No adverse employment action may be taken against the employee on the basis of any medical or physical condition, including a failure to meet any physical or medical standard or similar deficiency identified through the testing and valuation procedures described above, unless such condition significantly impairs the employee’s ability to safely perform the essential duties of the position in light of his or her their age or gender, and consistent with the Americans with Disabilities Act. In the event an evaluating professional identifies a condition that might reasonably interfere with the employee’s ability to safely perform the essential duties of the position, the employee and the employer shall be so informed. The evaluating professional will provide written recommendations concerning appropriate employment actions. The employee shall have the opportunity to secure a second opinion, from an appropriate professional of the employee’s choosing. If the second option is inconsistent with the first, the parties may settle the dispute for final decision to an arbitrator selected by the parties, with expenses shared by the union and the state.