The Americans Disabilities Act (ADA)
limits an employer's decision to administer
medical
tests that might unfairly screen out workers with
disabilities. Employers may ask the applicant
to undergo a medical examination only after a job offer
has been made. The ADA requires employers to maintain
confidentiality of the medical examination’s result,
and the applicant’s or employee’s
privacy
should not be violated. Information gathered in a medical
examination may not be passed in totality to the employer;
only the examiner's conclusions about the employee's
ability to work with or without restrictions may be
disclosed.
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Employee
workplace rights
It is unlawful for the employer to require a medical
examination of an applicant or employee, or to
make inquiries as to whether an applicant or employee
has a disability, or inquire as to the nature
or severity of such disability. |
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Acceptable
pre-employment inquiry
The employer may make pre-employment inquiries
into the ability of the applicant to perform job-related
functions, or may ask the applicant to describe
or to demonstrate how, with or without reasonable
accommodation, the applicant will be able to perform
job-related duties. |
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The employer may require a medical
examination after making an offer of employment
to a job applicant and before the applicant
begins his or her employment duties, and may condition
an offer of employment on the results of such
examination, if all entering employees in the
same job category are subjected to such an examination
regardless of disability. |
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Examination
of employees
The employer may require a medical examination
of the employee that is job-related and consistent
with business necessity. The employer may make
inquiries into the ability of the employee to
perform job-related duties. |
