Simply put, it’s a bad idea. The Americans with Disabilities Act (ADA) prohibits employers from conducting medical examinations or making pre-employment inquiries to determine if an applicant has a disability, or the nature of the disability.
Under the ADA, employers may require applicants to submit to post-offer medical exams, administered after the applicant has received a conditional offer but before the applicant has started employment. Employers may condition offers of employment on the results of the post-offer medical examination if the following conditions are met:
- all new employees in the same position are subjected to the same examinations whether or not they have a disability;
- information obtained regarding an employee’s medical history is collected and maintained on separate forms and in separate medical files that are treated as confidential medical records; and
- the results of the examinations are used only under the provisions of the ADA and, if people with disabilities are excluded from the position based on the examination, the examination must be job-related and consistent with business necessity.
Employers must ensure that medical examinations do not result in a violation of the Genetic Information Nondiscrimination Act, which prohibits employers from using genetic information for decisions on hiring, firing, promotions or job assignments.
And don’t forget about state laws, which may also provide additional restrictions on pre-employment medical and physical examinations of applicants.
The information and opinions expressed are for educational purposes only and are based on current practice, industry-related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied.