By Luci L. Nelson, Esq.
Both the ADA and the
ADA: What, when you can’t ask
The ADA restricts an employer’s use of medical examinations and inquiries in three situations: (1) at the application stage; (2) after individuals have been offered a job; and (3) for existing employees.
During the “pre-offer stage,” an employer may not perform a medical examination or ask a job applicant whether he or she has a disability (or the nature and severity of such). must generally be based on nonmedical factors, although the ADA permits employers to discuss medical issues with job applicants in three situations. Employers may:
- Conduct pre-employment inquiries about an applican...(register to read more)