JUST AS A NUMBER OF JURISDICTIONS REQUIRE THAT CERTAIN PHYSICAL FITNESS STANDARDS BE MET IN HIRING, THEY ALSO REQUIRE A PHYSICAL EXAMINATION AND A CERTIFICATION OF FITNESS FOR PROMOTION. THE VALIDITY OF SUCH REQUIREMENTS HAS BEEN CHALLENGED IN THE COURTS ON THE GROUNDS OF EQUAL PROTECTION. DECISIONS HAVE GONE IN BOTH WAYS, USUALLY BEING BASED UPON THE RELEVANCE OF THE SPECIFIC REQUIREMENT TO SUCCESSFUL JOB PERFORMANCE. CHALLENGES TO REQUIRED ANNUAL PHYSICAL EXAMINATIONS HAVE GENERALLY BEEN UNSUCCESSFUL IN THE COURTS. IN CASES WHERE AN OFFICER HAS BECOME PHYSICALLY UNFIT FOR DUTY, THE DEPARTMENT MUST DECIDE WHAT DISCIPLINARY PROCEEDINGS ARE NECESSARY. A FEW STATES EXPRESSLY HOLD THAT DEFECTS, AILMENTS, OR DISEASES WHICH PREVENT THE OFFICER FROM SATISFACTORILY PERFORMING HIS DUTIES MAY BE GROUNDS FOR DISCHARGE, SUSPENSION, OR DEMOTION. EVEN WHERE SUCH SPECIFIC PROVISIONS ARE LACKING, THE AUTHORITY TO DISCHARGE AN EMPLOYEE FOR PHYSICAL IMCOMPETENCE HAS GENERALLY BEEN RECOGNIZED. PROBATIONARY OFFICERS USUALLY HAVE NO RIGHT TO CONTINUED EMPLOYMENT AND CAN BE DISCHARGED WITHOUT A HEARING FOR PHYSICAL INABILITY. HOWEVER, AN OFFICER WITH NONPROBATIONARY STATUS IS ENTITLED TO DUE PROCESS NOTIFICATION AND HEARING. MANDATORY LEAVE REQUIREMENTS FOR PREGNANT POLICEWOMEN HAVE NOT YET RESULTED IN ANY REPORTED CASES, BUT THE SUCCESSFUL CONTINUATION OF DUTIES AND THE RELEVANCE OF PHYSICAL COMPETENCE TO JOB PERFORMANCE SHOULD AFFECT POLICY DECISIONS. NEARLY ALL JURISDICTIONS MAKE PROVISIONS FOR THE RETIREMENT OF OFFICERS WHO WERE DISABLED WHILE STILL IN SERVICE. OFTEN THESE REGULATIONS DISTINGUISH BETWEEN OFFICERS DISABLED IN OR OUTSIDE THE LINE OF DUTY AND BETWEEN THOSE WHO HAVE OR HAVE NOT FULFILLED SOME MINIMUM SERVICE TIME REQUIREMENTS. MOST DISPUTES ARISE OVER FACTUAL DATA RELATING TO THE STATUTES. HOWEVER, WHEN A DEPARTMENT SEEKS TO INVOLUNTARILY RETIRE AN OFFICER WITH FULL BENEFITS, THE BURDEN OF PROOF OF THE DISABILTY FALLS UPON THE DEPARTMENT. TO PROTECT DEPARTMENTS FROM SPURIOUS CLAIMS, MOST STATUTES REQUIRE CERTIFICATION OF DISABIITY BY TWO PHYSICIANS AND MAY PERMIT THE DEPARTMENT TO REQUIRE ADDITIONAL EXAMINATIONS AS A CONDITION OF CONTINUING BENEFITS. RULES MAY REQUIRE PROOF THAT THE DISABILTY IS JOB-RELATED. A NUMBER OF STATES HAVE ALSO CREATED STATUTORY PRESUMPTIONS THAT CERTAIN DISABILITIES HAVE BEEN INCURRED IN THE LINE OF DUTY. THESE MAY INCLUDE HYPERTENSION, HEART DISEASE, AND ULCERS. THESE REGULATIONS HAVE GENERALLY BEEN UPHELD BY THE COURTS, AS HAS PERMANENT OR TEMPORARY JOB REASSIGNMENT BECAUSE OF DISABILITY. THE OVERALL TREND IN POLICE DEPARTMENTS HAS BEEN AWAY FROM ABSOLUTE ENTRANCE REQUIREMENTS AND TOWARD MORE INTENSIVE INSERVICE REVIEW AND MORE BALANCED TESTING FOR ABILITY TO PERFORM ON THE JOB. NOTES AND REFERENCES ARE INCLUDED. FOR PART 1, SEE NCJ-45961. (JAP)