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A Refresher on Pre-employment Medical Exams

Do you require medical exams of applicants before they start working for you? If so, do you know the rules that the ADA requires you follow?

Last month, the EEOC settled a lawsuit it brought against a Florida staffing firm for alleged unlawful pre-employment medical exams under the ADA, which serves as a good reminder for employers of these rules.

According to the lawsuit, the firm asked applicants to complete a paper application package with a detailed medical questionnaire — including sensitive health information and included numerous disability-related questions — before the company offered the applicant a position or placement.

This settlement is good reminder that the ADA has strict rules regulating when an employer can, and cannot, ask individuals for medical information prior to the start of employment. (Read Article).

Jon Hyman

 

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