The Americans with Disabilities Act ("ADA") prohibits covered employers from discriminating against qualified individuals on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). This prohibition against discrimination can apply to certain medical examinations and inquiries.
However, the ADA does not forbid all medical examinations and inquiries. Their permissibility and scope varies depending on the stage of employment. Employers are generally prohibited from making any disability-related inquiries or requiring medical examinations of applicants before offering employment. Id. § 12112(d)(2)(A). After an offer has been made, however, the ADA permits employers to require a medical examination of a prospective employee, and it permits employers to condition a final offer of employment upon the results of the examination under certain circumstances. Id. § 12112(d)(3). The ADA also generally prohibits employers from requiring current employees to undergo medical examinations or inquiries unless the employer can demonstrate they are “job-related and consistent with business necessity.” Id. § 12112(d)(4)(A).Read More