Distinguish Between the ADA’s Many Prohibitions on Medical Examinations
Americans with Disabilities Act (ADA) compliance gets complicated fast when it comes to the law’s prohibitions on medical examinations of job applicants and employees.
The ADA has different standards for medical examinations of job applicants and employees and various rules for medical examinations of employees coming back from leave versus those who aren't performing well or might pose a safety risk. Employers need to ensure they follow the different rules consistently so courts don’t reject the examinations as biased or too intrusive.
Earlier this year, the 3rd U.S. Circuit Court of Appeals declined to rely on a post-job-offer psychological examination, ruling that psychologists who screened out an applicant arguably hadn't consistently applied the exam.
“Courts will reject employer reliance on inquiries or examinations that are not used equally for all entering employees,” said Anthony Mingione, an attorney with Blank Rome in New York City.
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Direct Threats to Safety
Fitness-for-duty examinations usually are performed by the employee’s doctor, while examinations to determine if the worker poses a direct threat to safety often are by an employer-selected professional, Mingione said.
However, if possible, “employers should consider any employee-provided medical information before making any decisions,” he added.
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“Distinguish Between the ADA’s Many Prohibitions on Medical Examinations,” by Allen Smith, J.D. was published in SHRM on June 1, 2021.