Can employers require all applicants to submit to a medical examination after making a job offer, and condition the job offer based on the results? Can employers request that applicants complete a medical information questionnaire (similar to one that a doctor would complete for a new patient...i,e, have you ever had chicken pox, are you pregnant, have you ever had high blood pressure) that has been included with the conditional offer letter without telling the applicant why?

Ann Kiernan responds:

Under the Americans with Disabilities Act, the answer to the first question is "Yes". The U.S. Equal Employment Opportunity Commission has issued an enforcement guidance on pre-employment medical inquiries, which addresses this matter directly. It says: "Once a conditional job offer is made, the employer may ask disability-related questions and require medical examinations as long as this is done for all entering employees in that job category. If the employer rejects the applicant after a disability-related question or medical examination, investigators will closely scrutinize whether the rejection was based on the results of that question or examination.

If the question or examination screens out an individual because of a disability, the employer must demonstrate that the reason for the rejection is 'job-related and consistent with business necessity.'"

As for your second question, unless the questions are carefully tailored to job requirements, they are probably unlawful. (If I had the chicken pox when I was seven, what does that have to do with my employment today?)

While the courts, and not EEOC, have the final word on interpreting the ADA, it is worth checking the agency's position.

For more information about ADA related subjects, please have a look at our ADA FAQ's page.