Gone are the days when selecting a job candidate meant picking the three best applicants, sending them to a doctor, and hiring the healthiest one. Many employers required their people to take routine physicals to ensure their continued good health. The Americans With Disabilities Act (ADA) killed pre-employment physicals and limited the purposes for which one could require a post-employment exam.
Employers are forbidden from inquiring into an applicant's medical history before making a job offer, but once a job offer is made, an employer may require an examination, or inquire about the individual's medical background, to show that the he or she can perform the essential functions of the job. The offer is thus contingent on the individual passing the examination.
Post-offer physicals must be focused on the job category and not the individual. If one incoming employee in a job category is required to take a medical examination, all incoming employees in that category must be required to take a post-offer examination. But just because employees in one job category must take post-offer medical examinations, it is not necessary to have incoming employees in other job categories take such examinations.
A decision to reject an applicant based on the information gained from the examination or inquiry must be job-related and justified by business necessity. It must show either that the individual has a disability that would prevent the performance of the essential job functions or that the disability would pose a "direct threat" to health and safety. Before a decision is made to withdraw a job offer in such situations, however, the employer is obligated to see if there is a reasonable accommodation that
would allow the individual to perform the essential job functions or remove the direct threat to health and safety.
Withdrawing the job offer for other information obtained from the inquiry or examination would violate ADA.
Post-employment examinations may result from evidence of problems related to performance or safety. A medical examination may also be necessary to determine if individuals in physically demanding jobs continue to be fit for duty. In both cases, the scope of the examination must be job-related. Employee medical examinations, screenings, and monitoring required under other laws are also acceptable under ADA.
Medical examinations conducted by an employer as part of a wellness or health-screening program are allowed under ADA if they are voluntary. Information obtained from these examinations is kept
confidential, and the information must not be used to discriminate against the employee.
Information from medical examinations and inquiries must be obtained on forms separate from the general forms used in making personnel decisions and must be stored securely and separately from employee personnel files. Access to medical records may be granted to persons when:
Supervisors must be informed about necessary restrictions on the work or duties of an mployee and any necessary accommodations.
First aid and safety personnel need to know if a disability may require emergency treatment or if specific procedures are needed in case of fire or other evacuations, Government officials need to examine the files for compliance with federal or state anti-discrimination laws. Access is needed in accordance with the requirements of the state's workers' compensation laws. Relevant information needs to be provided to insurance companies where the insurance company requires a medical examination to provide health or life insurance to employees.
In this article are only some of significant aspects of post-employment medical examinations and inquiries under ADA. If additional information is needed about this or other aspects of ADA, call the Personnel Assistance Section of the Field Services Department at TAC at (800) 456-5974.