Employment Medical Exam Law and Legal Definition
The Americans with Disabilities Act generally prohibits employers with 15 or more employees from requiring medical examinations to determine the existence or extent of a disability. However an exception exists with regard to "business necessity." If an employee's or applicant's health problems or disability would have a substantial and injurious impact on an employee's job performance, or ability to perform the tasks without being a threat to themselves or others, then some employers may be able to require the employee to undergo examinations to determine his ability to work. This might be allowed, even though the examination might disclose whether the employee is disabled or the extent of any disability.
Physical examinations are generally not allowed before a job offer has been made, and those that are allowed must apply to all candidates for a job category, not only those who are disabled. The results of such an examination may be used to determine the applicant's physical or mental ability to perform the job, as well as to determine whether or not the employer can make reasonable accommodations for the employee to perform the job. Confidentiality rules apply to information obtained during a medical or physical examination.
Legal Definition list
Related Legal Terms
- Absence Rate [Employment Law]
- Acceptable Medical Source
- Across-the-Board Increase [Employment]
- Adverse Employment Action
- Adverse Employment Decision
- Aeromedical Evacuation
- Age Discrimination in Employment Act
- Allowable Medical Expenses
- American Board of Medical Specialties (ABMS)
- American College of Forensic Examiners International [ACFEI]
