Inquiries Into Disabilities, Physical Exams, Other Testing
Also see p. 6 for "Interviewing/Selection."
- If a candidate self-identifies as "disabled" during an interview but does not tell the interviewer what the disability is, may the interviewer ask?
- No. But the interviewer may ask whether the candidate is able to perform the essential functions of the job.
- May an interviewer ask a particular employee to undergo a physical examination?
- No. Certain identified positions require physical exams. All successful candidates for those positions receive physical exams after a contingent job offer has been made.
- May individuals be questioned at an interview to determine whether a
disability exists?
- No. Neither an external candidate nor an employee, including a student employee, may be questioned to determine whether a disability exists.
- In the case of an obvious disability, may a Hiring Authority or supervisor inquire whether the individual would need assistance in case of an emergency?
- Yes. Once an offer of employment has been extended, such an inquiry is proper.
- May individuals still be required to undergo physical exams?
- Yes, under certain circumstances. External candidates and employees may not be required to undergo physical exams for the purpose of determining whether a disability exists. However, the present procedure for physical exams will continue. That is, all successful candidates for certain identified positions will receive physicals only after a contingent job offer has been made, and the information obtained will be kept confidential. Under the Act, the examination may seek only to determine if an external applicant or a currently employed staff member has the ability to perform essential functions of a particular job.
- Is the testing of food handlers for communicable diseases still permitted?
- Yes. The regulations on this subject have been finalized and permit testing food handlers for certain infectious and communicable diseases.
- If a disabled individual who has been offered a job fails a physical exam and is denied the position on that account, what should happen?
- The physician must tell the candidate the cause for rejection, and the Hiring Authority should be prepared to explain to that individual why that particular requirement is job-related for that particular position. (See p. 19 for "Health/Safety.")
- May pre-employment tests other than physical exams still be given?
- Yes, but they must be job-related. Further, if a qualified individual with a disability seeks an accommodation in testing, e.g., special equipment, it must be provided unless such provision would be an undue hardship.