The federal Americans with Disabilities Act (ADA) limits an employer's ability to give physical examinations to both applicants and employees. The Act covers employers with 15 or more employees. Arkansas employers that are subject to both the ADA and state law must comply with the ADA regarding physical examinations.
Applicants. Applicants may not be given an exam before a job offer has been made. However, once an offer has been made and before an applicant begins work, an employer may require an exam and condition the job offer on the exam results, provided:
· The exam is given to all applicants who have been offered jobs in the same job category, regardless of disability.
· Information gathered during the exam is maintained on separate forms and in separate files, and treated as a confidential medical record.
Employees. Employees may be given a medical exam if it serves a legitimate business purpose. For example, an employer can require an exam when there is a need to determine whether an employee is still able to perform the essential functions of his or her job.