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Introduction to the
Americans with Disabilities Act (ADA)

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

With respect to employment entrance examinations, the ADA provides as follows at 42 U.S.C. Section 12112(d)(3):

(3) Employment entrance examination

An employer may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if -

• (A) all entering employees are subjected to such an examination regardless of disability;
• (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that -
  • (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;
  • (ii) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and
  • (iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and
• (C) the results of such examination are used only in accordance with this subchapter.

Case example: Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998). There is no requirement that these exams be job-related or consistent with business necessity (like there is with the inquiries and exams of current employees).

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