Medical examinations and inquiries; permissibility and scope;
disclosures; use of results
Sec. 20. (a) The prohibition against discrimination in section 19
of this chapter includes medical examinations and inquiries. Except
as otherwise provided by this section, a covered entity may not
conduct a medical examination or make inquiries of a job applicant
as to whether the applicant is an individual with a disability or as to
the nature or severity of a disability.
(b) A covered entity may make preemployment inquiries into the
ability of an applicant to perform job related functions.
(c) A covered entity may require a medical examination after an
offer of employment has been made to a job applicant and before the
commencement of the employment duties of the applicant and may
condition an offer of employment on the results of that examination
if:
(1) all entering employees are subjected to the examination
regardless of disability;
(2) information obtained regarding the medical condition or
history of the applicant is collected and maintained on separate
forms and in separate medical files and is treated as a
confidential medical record, except that:
(A) supervisors and managers may be informed regarding
necessary restrictions on the work or duties of the employee
and necessary accommodations;
(B) first aid and safety personnel may be informed, when
appropriate, if the disability might require emergency
treatment; and
(C) government officials investigating compliance with this
chapter shall be provided relevant information on request;
and
(3) the results of the examination are used only in accordance
with this chapter.
(d) A covered entity may not require a medical examination and
may not make inquiries of an employee as to whether the employee
is an individual with a disability or as to the nature or severity of the
disability, unless the examination or inquiry is shown to be job
related and consistent with business necessity.
(e) A covered entity may conduct voluntary medical
examinations, including voluntary medical histories, that are part of
an employee health program available to employees at that work site.
A covered entity may make inquiries into the ability of an employee
to perform job related functions. Information obtained under this
subsection is subject to the requirements of subsection (c)(2) and
(c)(3).
As added by P.L.111-1992, SEC.4.
Last modified: May 27, 2006