When can I request a medical exam?
It is unlawful to:
ask an applicant whether she is disabled or about the nature or severity of a disability, or
to require the applicant to take a medical examination before making a job offer.
You can ask an applicant questions about his or her ability to perform job-related functions, as long as the questions are not phrased in terms of a disability. You can also ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will perform job-related functions. After a job offer is made and prior to the commencement of employment duties, you may require that an applicant take a medical examination, if everyone who will be working in the job category must also take the examination. You may condition the job offer on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, you must be able to show that the reasons for exclusion are job related and necessary for conduct of your business. You also must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.
Once you have hired an applicant, you cannot require a medical examination or ask an employee questions about disability unless you can show that these requirements are job-related and necessary for the conduct of your business. You may conduct voluntary medical examinations that are part of an employee health program. The results of all medical examinations or information from inquiries about a disability must be kept confidential, and maintained in separate medical files, not in the employees personnel file. You may provide medical information required by State workers’ compensation laws to the agencies that administer such laws. You must be extremely careful with any medical information you may have on an employee and to take extra care to ensure they are in your files.