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Sam is interviewing as an Employment Specialist. During the interview the employer requests that Sam agree to a medical exam because he uses a wheelchair and the employer wants to be sure that he is ok to work. Can the employer legally require a medical exam? Yes, the employer has the right to protect himself and his staff against any contagious diseases. Yes, if the employer has any concerns that Sam will be hurt or might not be able to do the job. No, an employer cannot require a medical exam unless he has offered Sam employment.
Please try again! Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs. http://www.eeoc.gov/
Come on you can do it! Title I of the ADA: Employers may not ask job applicants about the existence, nature, or severity of a disability. * Unless a job offer has been made and the medical exam is required of all incoming employees in that job category. www.ada.gov
Great Job! ADA : Medical Examinations and InquiriesEmployers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs. Equal Employment Opportunity Commission / EEOC An employer cannot require you to take a medical examination before you are offered a job. Following a job offer an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. http://www.eeoc.gov/ Thank you From “DPN NAME”, your Disability Program Navigator “INSERT PHONE NUMBER & TTY” “EMAIL ADDRESS” 30-Second DPN Trainings are a National Disability Program Navigator collaborative effort Please contact your local DPN to add a friend or colleague to this list.