OK to charge for pre-employment medical exams?
Q. I know the ADA limits when and how an employer can ask medical questions of applicants or employees. For example, I know that at the pre-employment stage, an employer can ask medical questions and conduct medical examinations only if: (1) it does so for all entering employees in the same job category, and (2) the applicant has been provided a conditional job offer and has not yet started working. If I require a pre-employment medical exam, can I require the applicant to pay for it?
A. No. While the ADA is silent on this issue, Ohio has a specific statute (Revised Code section 4113.21) that forbids employers from passing the cost of pre-employment medical examinations to employees.
It states: “No employer shall require any prospective employee or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment.”