Medical Tests

The Americans Disabilities Act (ADA) limits an employer's decision to administer medical tests that might unfairly screen out workers with disabilities. Employers may ask the applicant to undergo a medical examination only after a job offer has been made. The ADA requires employers to maintain confidentiality of the medical examination’s result, and the applicant’s or employee’s privacy should not be violated. Information gathered in a medical examination may not be passed in totality to the employer; only the examiner's conclusions about the employee's ability to work with or without restrictions may be disclosed.

• Employee workplace rights
  It is unlawful for the employer to require a medical examination of an applicant or employee, or to make inquiries as to whether an applicant or employee has a disability, or inquire as to the nature or severity of such disability.
• Acceptable pre-employment inquiry
  The employer may make pre-employment inquiries into the ability of the applicant to perform job-related functions, or may ask the applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related duties.
• The employer may require a medical examination after making an offer of employment to a job applicant and before the applicant begins his or her employment duties, and may condition an offer of employment on the results of such examination, if all entering employees in the same job category are subjected to such an examination regardless of disability.
• Examination of employees
  The employer may require a medical examination of the employee that is job-related and consistent with business necessity. The employer may make inquiries into the ability of the employee to perform job-related duties.