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Medical Examinations

Medical examinations are also a common part of the employment hiring process, but they can be illegal if they are not administered fairly and consistently. For example, an employer cannot require all applicants to undergo a medical examination, but then only hire those who test negative for certain diseases. This would be considered discrimination based on disability.

Additionally, medical examinations cannot be used to screen out applicants for certain jobs unless the employer can show that the job requires specific medical fitness. For example, an employer cannot refuse to hire a firefighter because he or she has asthma, unless the employer can show that asthma would prevent the firefighter from performing the essential functions of the job.

In both cases, the testing itself is not illegal. However, the testing can be illegal if it is used in a discriminatory way. Employers who use employment tests must be careful to ensure that the tests are administered fairly and consistently, and that they are only used to screen out applicants for jobs where the tests are job-related and consistent with business necessity.

Here are some specific examples of how the misuse of drug tests and medical examinations could be considered illegal:

• Drug tests: An employer who requires all applicants to take a drug test, but then only hires those who test negative, could be discriminating against applicants with disabilities.
• Medical examinations: An employer who requires all applicants to undergo a medical examination, but then only hires those who test negative for certain diseases, could be discriminating against applicants with disabilities.
• Drug tests: An employer who requires applicants for a job that does not involve safety-sensitive duties to take a drug test could be discriminating against applicants based on their medical status.
• Medical examinations: An employer who requires applicants for a job that does not involve safety-sensitive duties to undergo a medical examination could be discriminating against applicants based on their disability.

It is important to note that the laws governing employment testing vary from state to state. Employers should consult with an attorney to ensure that they are complying with all applicable laws.