pre-employment
tests or examinations must be job-related and non-discriminatory,
i.e., required of all applicants in that job category
the ADA
prohibits medical inquiries prior to making a tentative offer of
employment – of course, the ADA applies only if a company has at
least 15 employees – to be sure, consult legal counsel!
if
medical inquiries are made following a tentative offer of employment,
the same inquiries must be made of all applicants for such a
position, not just the ones who look like they may have medical problems
medical
inquiries should relate directly to the essential functions of the job
the ADA
requires employers to maintain any and all medical information in a
separate and confidential medical records file
the
employer must be prepared to offer a reasonable accommodation to any
otherwise qualified applicant who turns out to have a protected disability
a
"reasonable accommodation" is a change in procedures, a
device, a change in duties, a shifting of personnel, or a change in
the work environment that the employer could make without "undue
hardship" to its business and which would enable the applicant
to perform the essential functions of the job
"undue
hardship" can vary according to the size of the company and the
nature of the proposed accommodation
drug
tests are not included within the definition of "medical
examinations" under the ADA and may be given at any time
of
course, confidentiality rules apply – no one should ever learn
of the test results except people with a legitimate need to know
if a drug
test somehow reveals a disability, ADA issues arise
"physical agility tests", often used by police and fire departments when screening applicants, are not considered medical examinations under the ADA and may be given at any point in the hiring process, but they must be administered to all applicants in that job category, and if they tend to screen out individuals with disabilities, the employer must be able to demonstrate that the tests are job-related and consistent with business necessity, and further, that no reasonable accommodation is possible that would enable people with certain disabilities to meet the requirements of the test
