Warning Employers – Be Careful with Physical Assessment Requirements
A recent announcement from the Equal Employment Opportunity Commission (EEOC) warns employers to be thoughtful about any routine use of physical examinations.
Before Offer
The American Disability Act (ADA) governs employers' ability to require examinations of applicants and employees that may reveal a disability – these are considered to be medical examinations. Physical assessments fall within the scope of this definition, since an individual's inability to pass the assessment may be due to a disability or a disability may be revealed in the course of the assessment.
After Offer
With regard to applicants, employers cannot require them to undergo a medical examination. After a job offer is made, an employer may require a medical examination and it need not be job-related, as long as it is required of all individuals entering the same job category. But if the employer then chooses not to hire the individual because of the results of the examination, the reason must be either (1) job-related and consistent with business necessity or (2) avoid a direct threat to the health or safety of the individual or other employees.
After Hiring
As to employees, any required medical exam must be job-related and consistent with business necessity.
General Rules
In addition, with regard to both applicants and employees, employers must explore whether there is any reasonable accommodation that would have enabled the individual to perform the essential functions of the job in question or reduce the threat to an acceptable level.
Takeaways:
Physical assessments should be carefully tailored to the actual requirements of the job in question – no more.
Although employers may utilize physical agility tests in the hiring process, it is important to ensure that such tests for applicants do not measure any physiological response.
Also, even though employers have a wide latitude as to post-offer/pre-employment medical examinations, they need to ensure that any decision to revoke the offer based on the examination results is, in fact, job-related and consistent with business necessity.
As to current employees, any physical assessment must be job-related and consistent with business necessity.
At all stages of the employment process – applicant, post-offer/pre-employment, and current employees – employers must make reasonable accommodations for any known disabilities.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
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