When Medical Exams and Inquiries Are Permitted

Disability discrimination laws restrict your right to require medical exams or ask applicants and employees about disabilities. Untimely or unnecessary inquiries about health issues or disabilities leave you in a vulnerable position if you later take adverse action against the applicant or employee.

The only three points in time when you may inquire about disabilities or require medical examinations are: offer, post-offer and during employment. FEHA provides more protection to employees than does the ADA.

Inform supervisors and safety personnel of job restrictions related to a disability, especially when job accommodations are required. Also remind these personnel that employee medical records are confidential.

Medical Examinations and Inquiries DefinedMedical Examinations and Inquiries Defined
A “medical examination” is a procedure or test that seeks information on an individual’s physical or mental impairments or health.

Nonmedical ExaminationsNonmedical Examinations
You can require procedures and tests that are not typically considered medical examinations, including:

Disability-Related InquiriesDisability-Related Inquiries
A “disability-related inquiry” is a question or series of questions designed to elicit information on a disability. The following list provides examples of disability-related inquiries that are not permitted:

Recruiting and Advertising and Disability-Related InquiriesRecruiting and Advertising and Disability-Related Inquiries
Employers must consider applicants with or without disabilities or perceived disabilities equally, and accept their applications on an equal basis.

Medical Examinations and Inquiries Prior to Offer of EmploymentMedical Examinations and Inquiries Prior to Offer of Employment
Prior to an offer of employment, the ADA and FEHA generally prohibit all disability-related inquiries and medical examinations, even if they’re related to the job.

Medical Examinations and Inquiries Post-Offer/Pre-EmploymentMedical Examinations and Inquiries Post-Offer/Pre-Employment
California and federal law require employers to postpone job applicants’ medical examinations until after they make a job offer and the applicant satisfies all other employment conditions.

Medical Examinations and Inquiries During EmploymentMedical Examinations and Inquiries During Employment
Both federal and state law restrict an employer’s ability to make disability-related inquires or require medical examinations during employment.

Employee Health and Wellness Programs and Disability-Related Inquiries and ExaminationsEmployee Health and Wellness Programs and Disability-Related Inquiries and Examinations
In general, you can conduct voluntary medical examinations, including voluntary medical histories, which are part of a voluntary wellness program available to employees at that worksite.

Medical Examinations and Inquiries When the Employee Is an ApplicantMedical Examinations and Inquiries When the Employee Is an Applicant
Under the ADA and FEHA, treat an existing employee who applies for a different job within your company as an applicant.

Medical Information From a Third PartyMedical Information From a Third Party
Under the ADA, you can make disability-related inquiries or require a medical examination if you learn about an employee’s or applicant’s medical condition from another person.

When Medical Exams and Inquiries Are Permitted

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