From the Guidelines
Post-offer physical examinations are generally legal in the United States, provided they comply with specific regulations, as stated in the Americans with Disabilities Act (ADA) 1.
Key Points to Consider
- Employers can require job applicants to undergo medical examinations after making a conditional job offer, but before the person begins work, as long as it is required of all entering employees in the same job category 1.
- The examination should focus on the applicant's ability to perform job-related functions safely and effectively, and the employer must demonstrate that the reason for withdrawing a job offer is job-related and consistent with business necessity, or that the individual cannot perform essential job functions even with reasonable accommodation 1.
- Employers must maintain all medical information confidentially in separate files from regular personnel records, and only health care professionals tasked with such evaluations should have access to employee medical information 1.
Important Considerations for Employers
- The job offer may be conditioned on the results of the medical inquiry or examination, but the employer must ensure that the examination is conducted by a health care professional with expertise in the relevant area, such as diabetes, and based on sufficient and appropriate medical data 1.
- The information sought and assessed must be properly limited to data relevant to the individual’s medical condition and job performance, and the evaluation should never be made based only on one piece of data, such as a single blood glucose result or A1C result 1.
- Employers should not rely on a medical evaluation to deny an employment opportunity to an individual with a medical condition unless it is conducted by a health care professional with expertise in the relevant area and based on sufficient and appropriate medical data 1.
From the Research
Legality of Post-Offer Physical Examinations
- There are no research papers provided that directly address the legality of post-offer physical examinations 2, 3, 4, 5, 6.
- The studies provided focus on various medical topics, including chronic myeloid leukemia 2, sleep-wake activity and dementia risk 3, microglia and neurogenesis after stroke 4, the gut-brain axis and stress regulation 5, and COVID-19 vaccination and cardiovascular events 6.
- None of these studies discuss the legal aspects of post-offer physical examinations, and therefore, no conclusions can be drawn from the provided evidence.