ADA Restrictions on Medical Screening
The ADA covers employers with 15 or more employees. Before an offer, medical exams/inquiries are allowed only if job-related and consistent with business necessity. After a conditional offer, exams are allowed if applied to all entering employees, kept confidential, and used per the statute. Psychological tests may count as medical exams.
The ADA forbids employers with 15 or more employees from discriminating against a qualified individual with a disability, and covers medical examinations and inquiries. Before an offer, exams/inquiries are permitted only where job-related and consistent with business necessity.
- A medical exam may be required after a conditional offer only if: all entering employees are examined regardless of disability; confidentiality rules are followed; and results are used only per the statutory anti-discrimination prohibitions
- Employers must provide reasonable accommodation unless it causes undue hardship
- Before a conditional offer, an employer generally may not ask whether an applicant needs accommodation (unless it knows of a disability); after the offer it may ask if all entering employees in that job category are asked
Psychological tests predicting conditions like depression may qualify as medical examinations. The ADA does not cover current illegal drug or alcohol use, but it does cover questions about recovered addicts and alcoholics.