The ADA and Medical Exams: A blog/video about how medical exams comply with the ADA.
ADA and Medical Exams
Employers can require that applicants take a medical exam and ask them questions about their physical and mental health as part of the interview process. The Americans with Disabilities Act (ADA) permits employers to do these things only if they are required of all job applicants in the same job category (called an “entrance” exam). This is true even when an employer has no intention of hiring a person who discloses a disability in this process.
The purpose of any such entrance examination is to determine whether an applicant can perform essential job functions, with or without reasonable accommodation. An employer may only use the results of the entrance examination to make decisions regarding hiring, promotion, transfer, or other employment opportunities. The ADA also prohibits any pre-offer medical examination that is not related to the job for which an applicant has applied.
After a person has been offered a job, an employer may ask questions about his/her health or require a medical exam as long as it is done for all employees in the same job category and the results are kept confidential. Generally, this occurs after a conditional offer of employment has been made by the employer. This
As part of their hiring process, employers sometimes ask applicants to take a medical exam. The Americans with Disabilities Act (ADA) places restrictions on the use of medical information in the employment context. This blog post and video discuss the requirements for medical exams under the ADA.
What is a Medical Exam?
The ADA’s rules about medical exams apply to “entrance” examinations, which are exams given to job applicants before they are hired. The rules also apply to “post-offer” examinations, which are exams given to applicants after they have been offered a job, but before they start working.
This post and video will focus on “entrance” examinations, since they are more common. But it is important to know that many of the same rules also apply to post-offer exams.
The ADA defines a “medical examination” as a procedure or test that seeks information about an individual’s physical or mental impairments or health. Examples include vision tests, blood pressure measurements, X-rays, and urine tests. Some types of tests used by employers–such as personality tests and aptitude tests–are not considered medical exams because they do not seek information about an applicant’s physical or mental impairments or health.
A medical exam is different from a voluntary
The ADA and Medical Exams
Healthcare providers need to know what questions they can ask of job applicants, and what medical information they can request of employees. This article provides healthcare providers with guidance on how to comply with the Americans with Disabilities Act (ADA) when conducting medical exams.
Medical Exams for Job Applicants
The ADA allows employers to require applicants to undergo a medical exam after making a conditional offer of employment. However, the employer can withdraw this offer if the applicant does not pass the medical exam. The employer also may refuse to hire an employee who refuses to take a required medical exam or who fails it.
Medical Exams for Employees
The ADA also permits employers to require employees to take medical exams, as long as all employees in similar jobs are subject to these requirements. Employers may conduct employee medical exams at any time, and may do so even if there is no reason to believe that an employee has a disability or is unable to perform his or her job duties. Employers may also require employees to submit periodically to drug tests.
The ADA and Medical Exams
The ADA prohibits employers from discriminating against individuals on the basis of their disability. This prohibition extends to recruitment and hiring, as well as firing, promotions, training opportunities, and other terms and conditions of employment.
Under the ADA, employers are permitted to require all employees (and applicants) to undergo medical examinations. However, medical examinations or inquiries are only permitted at three times:
Post-offer
Employers may require medical examinations or inquire about an applicant’s ability to perform job-related functions after making a conditional offer of employment. Employers may not condition an offer on the results of a medical examination or inquiry.
During Employment
Employers may require employees to submit to periodic medical examinations if these are job-related and consistent with business necessity. For example, an employer may require that airline pilots be examined annually in order to maintain their licenses. Or, an employer may require that bus drivers be examined every six months in order to comply with state law and continue operating their buses on public roads.
At Exit Interviews
Employers may make exit interview inquiries regarding injuries sustained while on the job or illnesses contracted while in employment.
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in all phases of employment including the application process, hiring and firing, promotions, job training, compensation, benefits, and all other terms and conditions of employment. Employers must ensure that any medical examinations required as part of the hiring process are not used to discriminate against people with disabilities and are not used to screen out an applicant on the basis of disability.
Listed below are some examples where the ADA places limits on how employers may use medical exams:
Employers may not ask applicants about their disability before making a job offer. However, employers may ask questions about whether applicants can perform specific tasks required by the job. If an applicant cannot perform one or more tasks listed in the job description, it is okay to ask if there is a reasonable accommodation that would allow him/her to perform these tasks.
After a job offer has been made but before employment begins, employers may require applicants to pass a medical exam as long as all entering employees for that job category have to take the exam. For example, all people hired for a certain type of job must pass a physical agility test. A person with a disability who is applying for this type of position must take the same test but only if
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to qualified employees and applicants with disabilities, unless doing so would cause undue hardship. This includes people who are deaf or hard of hearing.
One type of accommodation that is often requested is a medical exam. For example, an employee who begins to experience hearing loss may request a medical exam in order to determine what type of assistive device he or she will need. Another example is an employee who wears a hearing aid at work but has trouble hearing in meetings. The employee might request the employer pay for a medical exam so a new hearing aid can be recommended, purchased and fitted.
An employer may NOT require an employee to have a medical exam if it is not job related and consistent with business necessity. An employer may require a medical exam after making a job offer, if all entering employees in the same job category have the same exam. In addition, an employer may conduct voluntary medical exams that are part of an employee health program, and may provide health or genetic services as part of such program, including counseling if done so on a confidential basis for employees.