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CONTENTS (cont'd) CONTENTS I. Introduction, 3 A. Statement of the Problem, 3 B. Background, 4 II. Statutory and Regulatory Requirements That Relate to Physical Ability Testing of Transit Employees, 9 A. Drug and Alcohol Testing, 10 B. Commercial Driver's License/Medical Requirements, 14 C. Occupational Safety and Health Requirements, 15 D. School Bus Drivers, 17 E. Transit Agency Policy, 18 III. Legal Restrictions on Physical Ability Testing, 18 A. Title VII, 19 B. Prohibitions Against Discrimination Based on Physical Disability, 32 C. Age Discrimination in Employment Act, 47 D. Family and Medical Leave, 48 E. Search and Seizure, 50 IV. Other Issues, 52 A. Tort/Workers Compensation Liability for Injuries Suffered During Physical Ability Test, 52 B. Legal Ramifications of Lifestyle Restriction, 53 V. Transit Agency Practices, 58 A. Chicago Transit Authority, 59 B. Denver Regional Transportation District, 59 C. Intercity Transit, 59 D. King County Metro Transit, 60 E. Lane Transit District, 60 F. LA Metro, 60 G. Metro Transit, 61 H. Tri-Met, 61 I. SamTrans, 62 VI. Structuring Physical Ability Testing Policies, 62 A. Summary of Legal Parameters, 62 B. Considerations in Formulating Testing Policy, 63 C. More Is Not Necessarily Better, 65 D. Outlook for Employee Physical Ability Testing, 66 VII. Conclusions, 66 Appendix A: State Family and Medical Leave Statutes, 67 Appendix B: State EEO Statutes, Regulations, and Agencies, 69 Appendix C: Transit Agency Questionnaire, 73 Appendix D: State Agency Questionnaire, 87