Q. My Company would like to have all applicants for employment submit to a pre-employment physical examination to ensure that they are fit for the position. Is this allowable?
A. Employers may require an applicant to submit to a pre-employment physical examination, but only after a conditional offer of employment has been made, and even then only under the following conditions:
- All other candidates in the job category must also be required to submit to the physical;
- The candidate’s medical history is kept separate from other employment-related records and is treated confidentially; and
- The results are not used to discriminate against the applicant under the Americans with Disabilities Act (“ADA”) or other discrimination laws.