Articles > ADA limits questions employers can ask about health, disabilities

ADA limits questions employers can ask about health, disabilities

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This article originally appeared in the December 17, 2006 edition of Boca Raton News, www.bocanews.com. Reprinted with permission.

In our last few articles, we have mentioned the Americans with Disabilities Act (ADA) and the limitations it places on employers during the employment process regarding medical examinations and inquiries. Given the importance of the ADA in the workplace, a more thorough discussion of medical inquiries under the ADA is appropriate.

The ADA separates the employment process into three stages: pre-offer, post-offer and employment. At each stage, the rules differ regarding the permissibility of disability-related questions and medical examinations. At the first stage (the pre-offer stage), the ADA prohibits all disability-related questions and medical examinations, even if the questions or examinations are related to the job.

In their weekly Boca Raton News column, Hodgson Russ partners Larry Corman and Glenn Rissman discuss employment-related medical inquiries under the ADA.