The Technical Assistance Manual on the Employment Provisions (Title 1) of the Americans with Disabilities Act (ADA), which became law in 1990, provides clear guidelines to employers regarding the use of medical examinations and non-discriminatory hiring practices of new employees. But what do the EEOC and ADA say about the use of medical examinations with current, existing employees?
Post-offer employment testing, also known as physical abilities testing, gives employers the ability to ensure candidates are physically capable of performing the essential functions of a job. This is not a new concept, but some organizations avoid this type of testing due to the fear of being sued for discrimination. Case in point, just last month an organization paid $3.2 million as part of a lawsuit settlement as a result of a discrimination lawsuit filed against them by the U.S. Equal Employment Opportunity Commission (EEOC). This can easily be avoided, though.
Job-specific post-offer employment testing is an ADA/EEOC compliant method for determining if a job candidate is physically capable of performing the essential functions of a specific job. One of the most frequently asked questions involves determining whether or not job-specific post-offer testing is needed within an organization.