Home  ı  Article's Table of Contents

Introduction to the
Americans with Disabilities Act (ADA)

Other types of ADA claims - Medical inquiries

The ADA creates three categories of medical inquiries and examinations by employers:

1. those conducted prior to an offer of employment (preemployment inquiries and examinations);
2. those conducted "after an offer of employment has been made" but "prior to the commencement of . . . employment duties" (employment entrance examinations); and
3. those conducted at any point thereafter (medical inquiries and examinations of current employees).

See, 42 U.S.C. Section 12112(d).

Other types of ADA claims - Medical inquiries - Pre-employment and pre-offer

With respect to preemployment inquiries and examinations, the employer cannot conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of such disability. However, the employer may make preemployment inquiries into the ability of an applicant to perform job-related functions. See, 42 U.S.C. Section 12112(d)(2).

A hot topic is whether someone who is not disabled can sue an employer who violates the rule concerning preemployment exams.  Several circuits have held that a plaintiff does not have to be "disabled" in order to bring a claim for unauthorized gathering or disclosure of medical information by the employer. However, the violation must result in some type of tangible injury. Armstrong v. Turner Indus., Inc., 141 F.3d 554, 562 (5^th Cir. 1998); Cossette v. Minnesota Power & Light, 188 F.3d 964 (8^th Cir. 1999); and Griffin v. Steeltek, Inc., 160 F.3d 591, 594-95 (10^th Cir. 1998).

Additional case example: Miller v. City of Springfield, 146 F.3d 612 (8th Cir. 1998). Appropriate psychological screening is job-related and consistent with business necessity where the selection of individuals to train for the position of police officer is concerned.

Additional case example: Harris v. Harris & Hart, Inc., 206 F.3d 838 (9th Cir. 2000). Requiring a medical release as a prerequisite to rehiring a former employee with a known disability does not run afoul of the ADA.

Article's Table of Contents   ı   Previous Page   ı   Next Page