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New City Manager contract negotiations - medical evaluation?

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Leila Melendez

Can a Mayor & Council require a physical as a condition of employment for a new City Manager?


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Kenneth Decker

You are essentially asking a legal question so I'll start with the caveat that I'm not an attorney nor did I sleep at a Holiday Inn Express last night. In broad terms, an employer can ask a potential employee to undergo certain testing 1) after an offer is made; 2) where there is a rational nexus between the testing and the actual job. While city managers routinely dodge bullets, I don't think a physical agility test would pass the "rational nexus" muster.

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