Time & Attendance
By Jon Hyman
Jun. 30, 2014
The Americans with Disabilities Act applies a traffic-light approach to employer-mandated medical exams.
The [ADA’s] regulation refers to “[m]edical examinations” in the plural. More saliently, McDonald cites no authority interpreting the ADA to prohibit more than one pre-employment medical examination. [Equal Employment Opportunity Commision] guidance expressly provides that an employer may request “more medical information … if the follow-up examinations or questions are medically related to the previously obtained medical information.” … Webasto required a second medical examination only after the first revealed a history of “[l]umbar bulging discs.”
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