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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:
-
those conducted prior to an offer of employment
(preemployment inquiries and examinations);
-
those conducted "after an offer of
employment has been made" but "prior to the commencement of . . . employment
duties" (employment entrance examinations); and
-
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 (5th Cir. 1998); Cossette v.
Minnesota Power & Light, 188 F.3d 964 (8th
Cir. 1999); and Griffin v. Steeltek, Inc., 160 F.3d
591, 594-95 (10th 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.
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