Q Is physical fitness testing appropriate for employees of the fire department? If so, may the City require a medical exam in advance of the testing? May such a plan be applied to existing employees or only new employees?

A Upon proper findings by governing authorities that a certain level of physical fitness is required in order for an employee of the Fire Department to perform his job duties as established by the governing authorities, physical fitness standards may be enacted as a prerequisite to obtaining or maintaining a position as an employee of the Fire Department. Likewise, the Municipality may require, as a prerequisite to obtaining or maintaining a position with the Municipality, that its employees undergo a medical examination in advance of a physical fitness test, provided that it has made the requisite factual findings that a certain level of physical fitness is required in order to perform the job duties. Please note that no opinion is expressed as to any issue of Federal law that might apply. (Attorney Generalís Opinions to Murdock, December 12, 2014)