Search Results "Medical Exam"
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§8.13 Preemployment inquiries.
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§104.14(a)
(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as...
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3. Q: I know I can't give a job applicant a medical exam before a conditional job offer is made. But what about physical agility and physical fitness tests?
Tests that measure simply an applicant's ability to perform a task are not considered to be medical examinations....
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Employees
Employees The ADA strictly limits the circumstances under which an employer may ask questions about an employee's medical condition or require the employee to have a medical examination...
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Are health care providers required to treat all persons with HIV or AIDS, regardless of whether the treatment being sought is within the provider’s area of expertise?
Are health care providers required to treat all persons with HIV or AIDS, regardless of whether the treatment being sought is within the provider’s area of expertise? No. A health...
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7. May an employer require an individual to go to a health care professional of the employer's (rather than the employee's) choice for purposes of documenting need for accommodation and disability?
Documentation is insufficient if it does not specify the existence of an ADA disability and explain the need for reasonable accommodation.(33) Any medical examination conducted by the...
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4. Q: But to limit the police department's liability, I need to get a medical approval that it's o.k. for a job applicant to take the physical fitness test. Doesn't the ADA create a catch-22 for police departments?
A: No, the ADA's prohibition on medical exams does not make it illegal for a police department to ask an applicant to provide a certification from a doctor that he or she can safely perform...
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Employment Practices Regulated by Title I of the ADA
This prohibition covers all aspects of the employment process, including: application promotion testing medical examinations hiring layoff...
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Pre-employment Inquiries and Medical Examinations
Pre-employment Inquiries and Medical Examinations An employer may not ask a job applicant about the existence, nature, or severity of a disability....
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Can an Employer Require Medical Examinations or Ask Questions About a Disability?
Can an Employer Require Medical Examinations or Ask Questions About a Disability?...
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May an employer ask disability-related questions or require a medical examination when an employee who has been on leave for a medical condition wants to return to work?
May an employer ask disability-related questions or require a medical examination when an employee who has been on leave for a medical condition wants to return to work?...
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5.1 Overview of Legal Obligations
An employer may not require pre-employment medical examinations or medical histories, but may condition a job offer on the results of a post-offer medical examination, if all entering employees...
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2. After making a conditional job offer and before an individual starts work
After making a conditional job offer and before an individual starts work At this stage, an employer may conduct a medical examination or ask health-related questions, providing that...
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VI. MEDICAL EXAMINATIONS AND INQUIRIES
MEDICAL EXAMINATIONS AND INQUIRIES...
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Pre-Employment, Pre-Offer
Pre-Employment, Pre-Offer An employer may not require a job applicant to take a medical examination, to respond to medical inquiries or to provide information about workers' compensation...
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Pre-Employment, Post-Offer
Pre-Employment, Post-Offer An employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering...
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Employee Medical Examinations and Inquiries
Employee Medical Examinations and Inquiries After a person starts work, a medical examination or inquiry of an employee must be job related and necessary for the business....
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Confidentiality
Confidentiality Information from all medical examinations and inquiries must be kept apart from general personnel files as a separate, confidential medical record, available only under...
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Drug Testing
Drug Testing Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions on such examinations. (See Chapter VIII.)...
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6.2 Basic Requirements
Before making a job offer, an employer may not make any medical inquiry or conduct any medical examination. 2....
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6.3 Examinations and Inquiries Before Employment
6.3 Examinations and Inquiries Before Employment No Pre-Offer Medical Examination or Inquiry The ADA prohibits medical inquiries or medical examinations before making a conditional...
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6.4 Post-Offer Examinations and Inquiries Permitted
A post-offer medical examination does not have to be given to all entering employees in all jobs, only to those in the same job category....
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Information That May Be Requested in Post-Offer Examinations or Inquiries
If a response to an initial medical inquiry (such as a medical history questionnaire) reveals that an applicant has had a previous injury, illness, or medical condition, the employer cannot...
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Risk Cannot be Speculative or Remote
Risk Cannot be Speculative or Remote The results of a medical examination may not disqualify persons currently able to perform essential job functions because of unsubstantiated speculation...