It’s important to train hiring managers and supervisors on the limits the Equal Employment Opportunity Commission (EEOC) has placed on the ability of employers to make disability-related inquiries or require medical examinations under the Americans with Disabilities Act (ADA). Pre-Offer: Prior to an offer of employment, an employer may not ask any disability-related questions or require any medical examinations, even if they are related to the job.
Note: Tests to determine the current illegal use of drugs are not considered medical examinations under the ADA, and, thus, may be administered pre-offer.
Post-Offer: After an applicant is given a conditional job offer, but before he/she begins work, an employer may ask disability-related questions and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category.
During employment: After employment begins, an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity.
Please contact Kat Renner at 702-598-0000 ext 216 with any questions about this article.