February 20, 2024

Disability Inquiries & Medical Examinations Checklist

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities and guarantees that these individuals have the same employment opportunities as others. The ADA limits a covered employer’s ability to make disability-related inquiries or require medical examinations. The law’s restrictions on inquiries and examinations apply to all employees, not just those with disabilities.

Under the ADA, employers are prohibited from asking questions and conducting medical examinations that serve no legitimate purpose. Therefore, any employee has the right to challenge a disability-related inquiry or medical examination that is not job-related and consistent with business necessity.

This checklist outlines key steps to help employers comply with the ADA’s regulations on disability-related questions and medical exams during three stages: the pre-employment offer, post-employment offer and employment. Many states have their own laws that provide additional employment protections to employees regarding disability-related inquiries and medical exams, so employers must comply with the ADA and any applicable state laws. Accordingly, employers are encouraged to seek local legal counsel to address specific issues and concerns.

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