Authorized Inquiries and Examinations After Hiring

Despite the statute's restrictions, the ADA does not bar all medical inquiries and examinations. Where there is a need to determine whether an employee is still able to perform the essential functions of the job, the EEOC has recognized that an employer may make medical inquiries and require fitness-for-duty exams ''... where they are job-related and consistent with business necessity.'' According to the EEOC, a disability-related inquiry or medical examination of an employee will be viewed as meeting the requisite ''job related and consistent with business necessity'' standard where an employer ''has a reasonable belief based on objective evidence, that: (1) an employee's ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat due to a medical condition.'' For example, if an employee's performance deteriorates and the circumstances indicate a physical cause, an employer may: - Ask the employee about his or her ability to continue to perform the essential functions of the job; or - Require the employee to take a medical examination that is designed to test the employee's ability to perform the essential job functions.