Americans with Disabilities Act Required Medical Exams

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What Are Americans with Disabilities Act Required Medical Exams?

Under the Americans with Disabilities Act (ADA), employers are limited in when may require a medical exam. According to the ADA, any test or procedure that is intended to gather information about the health and physical or mental impairments of an applicant or employee is considered a medical exam. For example, a psychological test that is intended to determine whether a person has a mental disorder will be considered a medical exam. By contrast, a psychological test that only measures a person's personality traits, such as honesty, will likely not be deemed a medical exam. 

How Can I Tell Whether Something Is a Medical Exam?

Determining whether or not a test or procedure is a medical exam can be very difficult.  Below are a a handful factors that are are used in considering whether something qualifies as a medical exam:

Some combination of factors will usually be required in order for a test or procedure to be a medical exam.  For example, just because a psychologist interprets the results of a psychological exam does not automatically qualify the test as a medical exam. 

What Are Some Common Examples of Tests That Aren't Medical Exams?

Many tests and procedures are not medical exams. Some clear examples include the following:

What Are Tests That Are Usually Considered Medical Exams?

Some tests that are commonly held to be medical exams include:

Do I Need to Have a Disability in Order to Be Protected?

While the ADA generally protects only those with a disability or thoseperceived to have a disability, when it comes to medical exams, the ADA protects everyone. Thus, if an employer unlawfully requires an employee to submit to a medical exam, that employee can likely bring a lawsuit against the employer for discrimination regardless of disability. 

Do I Need a Lawyer?

Figuring out what is and what isn't a medical exam is a difficult process. An employment discrimination lawyer can help you in making this determination. Additionally, if you feel you have been unlawfully subjected to a medical exam, an attorney can help you file your claim. Similarly, if you are an employer who wants to make sure you don't require medical exams illegally, an employment discrimination lawyer can advise you accordingly.

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Last Modified: 01-05-2017 04:01 PM PST

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