If it’s a fitness for duty exam, it generally is. It depends on the law in your state. Generally the employer does not get the results of the testing, merely the opinion of the examiner that the examiner is either fit for duty, fit for duty with restrictions, or unfit for duty. Some states require the examinee be given access to the actual testing results by the examiner, most do not but only require the examiner get the same limited information (fit/fit with restrictions/unfit) the employer gets. Some don’t even require the examinee to get that, and unless you legally challenge and depose the examiner you may never get access.

Even if you do get access, unless the ‘expert witness’ changes their opinion all you can really do is have another ‘expert witness’ either review the testing or redo the testing since even you disagreeing with the test results or opinion will have no legal weight.

Which is why the union contract ought to negotiate a mechanism to insure that fitness for duty exams are done by a mutually agreed upon disinterested expert and that provision is made for a second opinion in the event of disputes. Unfortunately too few pilot unions pay any attention to this essentially granting carte blanche to the HR types to use providers and procedures favorable to them.

This will give you an idea of the FFD process:

https://www.theiacp.org/sites/defaul...aluation_0.pdf