Cecelia Yin v. State of California Daryll Tsujihara Linda Nicholson Robert Catale and Tony Sunseri

Opinion by Judge REINHARDT; Special Concurrence by Judge O’SCANNLAIN.

REINHARDT, Circuit Judge:

The question before us is whether the state may compel an employee with a prolonged and egregious history of absenteeism and a record of on-the-job illnesses to undergo a fitness-for-duty medical examination. California’s civil service statute specifically authorizes such tests, as does the employee’s *867union contract. The employee claims that requiring her to submit to an unwanted medical examination would violate both the American with Disabilities Act (the ADA), 42 U.S.C. § 12101 et seq. and the…