L03 Medical Inquiries

The Americans with Disabilities Act (ADA) prohibits inquiries about disabilities prior to extending a conditional offer of employment. When a conditional offer is extended, an employer can ask about restrictions or limitations on the ability to perform the required duties. A medical exam can be conducted, if warranted. Then, the consideration entails whether the applicant can perform the duties of the position with reasonable accommodation.

Offers are “conditional” based satisfactory results of a medical exam – excluding genetic tests. When disabilities are at issue, employers cannot discriminate against qualified, disabled persons who can perform the essential functions of the position, with or without reasonable accommodation.

One area where employers can get exposure to possible applicants is on social media. Let’s look at that more in the next section.