Medical Examinations
Physical Fitness
Psychological Exams
Polygraph/Vision/Drugs
100
What is the definition of "Medical Examination"?
A "Medical Examination" is a procedure or test that seeks information about an individual's physical or mental impairments or health.
100
May an employer require applicants to take physical agility or physical fitness tests?
Yes, a test has the applicant perform or simulate job tasks is NOT medical
100
May the employer give psychological examinations to applicants?
Yes, unless the examination is medical. The determination is based on the purpose of the test and the intent of the employer giving the test. The exam is medical if it provides evidence that would lead to indentifying a mental disorder or impairment.
100
May an employer give polygraph examinations to applicants?
Most employers are prohibited by federal and state law from giving polygraph examinations, however such examinations are allowed from some employers.
200
At the pre-offer stage, can an employer ask for a "medical examination" that seeks information about physical or mental impairments or health?
No. A Simple test might be required to determine if the applicant is competent to manage work tasks.
200
may an employer ask an applicant to provide medical certification to prove that she/he can safely perform a physical agility test?
Yes. While disability related questions are not allowed, a physician's statement that says the applicant can or cannot perform the test is permitted.
200
An employer give applicants the hypothetical test, RUOK, which gives insight to whether applicants have characteristics that lead to anxiety and depression. Is this allowed per ADA guidelines
No this test is medical.
200
Company X is allowed by law to give polygraph examinations to applicants. Can they ask disability related questions as part of the polygraph examination?
No, employers cannot ask disability-related questions even if the examination itself is not considered medical.
300
Determining if an examination is medical can be difficult. How can we differentiate a medical examination from a simple test to ensure that the future employee will be able to perform well work tasks?
- If the exam administered by a health care professional? - If it is designed to reveal an impairment or physical or mental health? - If it is invasive (blood drawing, urine, breath, etc) - If Medical equipment used.
300
May an employer ask an applicant to assume liability for injuries during a physical agility test?
Yes. The employer can be released of all liability for injuries incurred during a physical agility or fitness test.
300
An employer gives an applicant the hypothetical, DABA, personality test to determine if an applicant is likely to lie. Is this allowed per ADA guidelines?
Yes because it is not considered medical.
300
Can employers administer vision tests to applicants?
Yes, unless the test is medical. For example, evaluating an applicants ability to read labels or distinguish objects that are required by the job description is NOT medical. An expert analysis (eye doctor) of someone's vision IS medical.
400
1. An employer requires applicants to lift a 30lb box and carry it 20ft. Is this considered a medical examination? 2. What if the employer takes the applicants blood pressure and heart rate after lifting a carrying the box?
1. No it is just a test of standard job duties. 2. Yes this is a medical examination because physiological responses are being measured.
400
If a messenger service tests applicant's ability to run one mile in 15 minutes. At the conclusion of the run, the employer tests blood pressure and heart rate. Is this a medical examination and therefore not allowed?
Yes this is considered a medical examination because the employer is testing physiological responses.
400
May an employer test applicants to determine illegal drug use?
Yes, tests to determine the current illegal use of controlled substances are NOT medical examinations. It should be noted that alcohol tests ARE medical.