What are rights concerning pre-employment medical exams?

An individual was in the hiring process and was open and upfront about a lower back issue. He had all medical records and was cleared by a spinal doctor that he can work. The company doctor is refusing to release him for hire due to the back doctor not being able to speak to him personally.

Posted 04-12-2014

Ann Kiernan replies:

This sounds suspicious to me. Under the Americans with Disabilities Act, employers cannot refuse to hire an applicant based on a pre-employment medical exam unless the examination shows that the applicant cannot perform the essential functions of the job and that there is no reasonable accommodation that will enable the applicant to do the job.

I suggest that your friend contact a local employment lawyer to learn more about his rights.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.