|
Background Background Historically, many employers asked applicants and employees to provide information concerning their physical and/or mental condition. This information often was used to exclude... Disability-Related Inquiries and Medical Examinations of Employees Disability-Related Inquiries and Medical Examinations of Employees The ADA states, in relevant part: A covered entity shall not require a medical examination and shall not make inquiries... Disability-related inquiries may include the following: Disability-related inquiries may include the following: - asking an employee whether s/he has (or ever had) a disability or how s/he became disabled or inquiring about the nature or severity... ENFORCEMENT GUIDANCE: DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) Title I of the Americans with Disabilities Act of 1990 (the ''ADA'') limits an employer's ability to make disability-related inquiries or require medical examinations at three stages:... How much medical information can an employer obtain about an employee when it reasonably believes that an employee's ability to perform the essential functions of his/her job will be impaired by a medical condition or that s/he will pose a direct threat due to a medical condition? How much medical information can an employer obtain about an employee when it reasonably believes that an employee's ability to perform the essential functions of his/her job will be impaired by... How should an employer treat an employee who applies for a new (i.e., different) job with the same employer? How should an employer treat an employee who applies for a new (i.e., different) job with the same employer? An employer should treat an employee who applies for a new job as an applicant for... Insufficiency Of Documentation Insufficiency Of Documentation Documentation is insufficient if it does not specify the existence of an ADA disability and explain the need for reasonable accommodation. Documentation also... JOB-RELATED AND CONSISTENT WITH BUSINESS NECESSITY JOB-RELATED AND CONSISTENT WITH BUSINESS NECESSITY Once an employee is on the job, his/her actual performance is the best measure of ability to do the job. When a need arises to question... May an Employee Assistance Program (EAP) counselor ask an employee seeking help for personal problems about any physical or mental condition(s) s/he may have? May an Employee Assistance Program (EAP) counselor ask an employee seeking help for personal problems about any physical or mental condition(s) s/he may have? Yes. An EAP counselor may... May an employer ask all employees what prescription medications they are taking? May an employer ask all employees what prescription medications they are taking? Generally, no. Asking all employees about their use of prescription medications is not job-related and... May an employer ask an employee for documentation when s/he requests a reasonable accommodation? May an employer ask an employee for documentation when s/he requests a reasonable accommodation? Yes. The employer is entitled to know that an employee has a covered disability that requires... May an employer ask employees to voluntarily self-identify as persons with disabilities for affirmative action purposes? May an employer ask employees to voluntarily self-identify as persons with disabilities for affirmative action purposes? Yes. An employer may ask employees to voluntarily self-identify... May an employer make disability-related inquiries and require medical examinations that are required or necessitated by another federal law or regulation? May an employer make disability-related inquiries and require medical examinations that are required or necessitated by another federal law or regulation? Yes. An employer may... May an employer make disability-related inquiries or conduct medical examinations that are part of its voluntary wellness program? May an employer make disability-related inquiries or conduct medical examinations that are part of its voluntary wellness program? Yes. The ADA allows employers to conduct voluntary... May an employer make disability-related inquiries or require a medical examination when an employee who has been on leave for a medical condition seeks to return to work? May an employer make disability-related inquiries or require a medical examination when an employee who has been on leave for a medical condition seeks to return to work? Yes. If an employer... May an employer request an employee to provide a doctor's note or other explanation to substantiate his/her use of sick leave? May an employer request an employee to provide a doctor's note or other explanation to substantiate his/her use of sick leave? Yes. An employer is entitled to know why an employee is... May an employer require an employee to go to a health care professional of the employer's (rather than the employee's) choice when the employee requests a reasonable accommodation? May an employer require an employee to go to a health care professional of the employer's (rather than the employee's) choice when the employee requests a reasonable accommodation? The ADA... May an employer require an employee to provide medical certification that s/he can safely perform a physical agility or physical fitness test? May an employer require an employee to provide medical certification that s/he can safely perform a physical agility or physical fitness test? Yes. Employers that require physical agility... May an employer require periodic updates when an employee is on extended leave because of a medical condition? May an employer require periodic updates when an employee is on extended leave because of a medical condition? Yes. If the employee's request for leave did not specify an exact or fairly... May an employer require that an employee, who it reasonably believes will pose a direct threat, be examined by an appropriate health care professional of the employer's choice? May an employer require that an employee, who it reasonably believes will pose a direct threat, be examined by an appropriate health care professional of the employer's choice? Yes.... May an employer subject an employee, who has been off from work in an alcohol rehabilitation program, to periodic alcohol testing when s/he returns to work? May an employer subject an employee, who has been off from work in an alcohol rehabilitation program, to periodic alcohol testing when s/he returns to work? Yes, but only if the employer has... May employers require periodic medical examinations of employees in positions affecting public safety (e.g., police officers and firefighters)? May employers require periodic medical examinations of employees in positions affecting public safety (e.g., police officers and firefighters)? Yes. In limited circumstances, periodic... Medical examinations include, but are not limited to, the following: Medical examinations include, but are not limited to, the following: - vision tests conducted and analyzed by an ophthalmologist or optometrist; - blood, urine, and breath analyses to... Periodic Testing and Monitoring Periodic Testing and Monitoring In most instances, an employer's need to make disability-related inquiries or require medical examinations will be triggered by evidence of current... Questions that are permitted include the following: Questions that are permitted include the following: - asking generally about an employee's well being (e.g., How are you?), asking an employee who looks tired or ill if s/he is feeling... Sufficiency Of Documentation Sufficiency Of Documentation Documentation is sufficient if it: (1) describes the nature, severity, and duration of the employee's impairment, the activity or activities that the... There are a number of procedures and tests employers may require that generally are not considered medical examinations, including: There are a number of procedures and tests employers may require that generally are not considered medical examinations, including: - tests to determine the current illegal use of drugs;... What action may an employer take if an employee fails to respond to a disability-related inquiry or fails to submit to a medical examination that is job-related and consistent with business necessity? What action may an employer take if an employee fails to respond to a disability-related inquiry or fails to submit to a medical examination that is job-related and consistent with... What documentation may an employer require from an employee who requests a reasonable accommodation? What documentation may an employer require from an employee who requests a reasonable accommodation? An employer may require an employee to provide documentation that is sufficient... What is a ''disability-related inquiry''? What is a ''disability-related inquiry''? In its guidance on Preemployment Questions and Medical Examinations, the Commission explained in detail what is and is not a disability-related... What is a ''medical examination''? What is a ''medical examination''? A ''medical examination'' is a procedure or test that seeks information about an individual's physical or mental impairments or health. The guidance... When may a disability-related inquiry or medical examination of an employee be ''job-related and consistent with business necessity''? When may a disability-related inquiry or medical examination of an employee be ''job-related and consistent with business necessity''? Generally, a disability-related inquiry or... Who is an ''employee''? Who is an ''employee''? The ADA defines the term ''employee'' as ''an individual employed by an employer.'' As a general rule, an individual is an employee if an entity controls the means... |
| PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com |
|
SiteMap
| Home
| Exploring the Possibilities
| What is Employee Leasing
| Why use a Peo
| Free Advice
| Benefits to Employees Responsibilities of PEO | Benefit Package | HR Management | Pre-Employment Screening | The Issue of Control Future of PEO | Request For Proposal (RFP) Contact Us | Peo Resources | Terms of Service | FAQ |