Can we ask applicants to take a TB test? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Can we ask applicants to take a TB test?

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Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.) — D.R., Florida

The ADA governs medical testing of applicants and employees. It allows for medical testing of job applicants as long two conditions are met: (1) a conditional offer of employment has been made before the testing occurs; and (2) the employer requires the same testing for all individuals entering the same job category.

Once an employee is hired, however, an employer may require medical exams only if they are job-related and consistent with business necessity. The ability to test interns and volunteers depends on whether they are “employees.” Because the employment status of interns and volunteers can vary from employer to employer, the safest course of action is to apply the same rules.

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