Medical Inquiry
Questions or examinations about an employee's disability, which are limited under the ADA.
Medical inquiries are questions or examinations related to an applicant's or employee's disability. The ADA places strict limits on when employers can make medical inquiries.
Before a job offer: Employers cannot ask about disabilities or require medical exams
After a conditional job offer: Employers can require medical exams if all entering employees in the same category are examined
During employment: Medical inquiries are allowed only when: - They are job-related and consistent with business necessity - The employee has requested an accommodation - There is objective evidence of a performance or safety issue related to a medical condition
What employers cannot ask: - "Do you have a disability?" - "What medications do you take?" - "Have you ever filed for workers' compensation?"
What employers can ask (during accommodation process): - Information about the functional limitations requiring accommodation - How the disability affects job performance - Documentation supporting the need for accommodation
ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.