ADA: When are physical examinations permissible?

07/30/07

Question: We are planning to ask that all new hires undergo a physical examination. What questions can we put on the physical form? We do not want to run into trouble with ADA. Answer: The Americans with Disabilities Act (ADA) permits physical examinations under fairly limited circumstances. A physical examination may not be used to pre-screen applicants for employment. Physical examinations are allowed only after a conditional offer of employment has been made. The offer of employment may be contingent upon passing the physical. However, if a conditional offer is withdrawn, you immediately raise questions about whether or not reasonable accommodations were possible.

If you conduct physicals after extending a conditional offer of employment, the physical should measure only qualities that are related to the job to be performed. It should be administered in the same manner for all candidates that will be hired for the same job position.

As for the form used by the physician to evaluate the employee, it should likewise address only health issues that relate to the job. You should therefore provide the physician with the form to use. If the job is a desk job, for instance, there is probably no need for the physician to evaluate physical strength, so the form should not ask for that info. If you use only one form for a variety of positions (and you probably shouldn't), cross out the items that do not relate to the job and make sure you use the same amended form for everyone.

A pre-employment drug screen is not considered to be a "physical examination," and is therefore permissible under the Act. Once the hurdle of a conditional offer and a pre-placement physical examination are cleared, you may conduct examinations required by other laws (Department of Transportation physicals, OSHA or MSHA tests, etc.) and offer voluntary wellness programs. You are restricted in requiring your employees to undergo additional physical examinations, however, to those which are job-related and consistent with business necessity.

A physical examination is job-related and consistent with business necessity when an employee:
Is having difficulty performing his/her job effectively;
Becomes disabled; or
Requests an accommodation on the basis of a disability.

Other products to help you handle ADA issues include:
Confidential Employee Medical Records Folder
Substance Testing Consent Form