Applicants. State law and the federal Americans with Disabilities Act (ADA) allow employers to give medical exams to both applicants and employees, but with certain restrictions. 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; and
• Information gathered during the exam is maintained on separate forms and in separate files, and is treated as a confidential medical record.
If an employer refuses to hire an applicant based on the results of a medical exam, the employer must be able to show that the reason is job-related and a business necessity.
Employers may ask an applicant about his or her ability to perform a job function. A fitness tests (e.g., a lifting test) is permitted if the test is related to an essential job function. Employers may also ask an applicant to describe or demonstrate how he or she would perform a job-related task.
Employees. Employees may be required to submit to a medical exam if it serves a legitimate business purpose and is related to the job in question. For example, an employer can require an exam when there is a need to determine ...