Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA

When may an employer ask an employee a disability-related question or require an employee to submit to a medical examination? (Question 5)

• Generally, an employer only may seek information about an employee's medical condition when it is job related and consistent with business necessity. This means that the employer must have a reasonable belief based on objective evidence that:
  • an employee will be unable to perform the essential functions his or her job because of a medical condition; or,
  • the employee will pose a direct threat because of a medical condition.
• Employers also may obtain medical information about an employee when the employee has requested a reasonable accommodation and his or her disability or need for accommodation is not obvious.
• In addition, employers can obtain medical information about employees when they:
  • are required to do so by another federal law or regulation (e.g., DOT medical certification requirements for interstate truck drivers); (Question 21)
  • offer voluntary programs aimed at identifying and treating common health problems, such as high blood pressure and cholesterol; (Question 22)
  • are undertaking affirmative action because of a federal, state, or local law that requires affirmative action for individuals with disabilities or voluntarily using the information they obtain to benefit individuals with disabilities. (Question 23)