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Introduction to the
Americans with Disabilities Act (ADA)

Other types of ADA claims - Medical inquiries - During employment

With respect to medical inquiries and examinations of current employees, the ADA provides as follows at 42 U.S.C. Section 12112(d)(4):

(4) Examination and inquiry

• (A) Prohibited examinations and inquiries

  An employer shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.
   

• (B) Acceptable examinations and inquiries

  An employer may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. An employer may make inquiries into the ability of an employee to perform job-related functions.
   

• (C) Requirement

  Information obtained under subparagraph (B) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3).

Case example: Buckley v. Consolidated Edison Co. of New York, Inc., 155 F.3d 150 (2nd Cir. 1998). Reasonable testing of a former substance abuser for the illegal use of drugs does not violate the ADA.

Case example: Porter v. U.S. Alumoweld Co., Inc., 125 F.3d 243 (4th Cir. 1997). Employer was entitled to have employee submit to a "fitness for duty" exam.

Case example: Sullivan v. River Valley School Dist., 197 F.3d 804 (6th Cir. 1999). A request for a fitness for duty exam does not mean that the employee is regarded as disabled.

Case example: Fredenburg v. Contra Costa County Dept. of Health Services, 172 F.3d 1176 (9th Cir. 1999). Person does not have to be a "qualified individual" in order to contest the scope of a fitness-for-duty exam.

Case example: Martin v. Kansas, 190 F.3d 1120 (10th Cir. 1999). Employer's disability disclosure form is permitted under the ADA.

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