Private employers with 15 employees or more are covered by both the EEPDC and the federal Americans with Disabilities Act (ADA).
EEPDC. Under the EEPDC, an employer may make a job-related inquiry about the existence of the disability of an applicant for employment and about the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation.
Note: Preemployment inquiries of this kind are expressly prohibited under the ADA. Employers with 15 or more employees must comply with the more restrictive ADA requirements. Employers should only ask applicants whether they are able to perform the essential functions of the position. The employer may ask an applicant for a demonstration or verbal description of how he or she would perform essential job functions, if required of all applicants.
Employees. The EEPDC does not address the issue of examinations once an individual becomes an employee. However, the ADA prohibits employers from requiring employees to undergo medical exams unless there is a job-related reason that is consistent with business necessity. Generally, this means that the employer has a reasonable belief, based on objective evidence, that an employee is unable ...