Americans With Disabilities Act (ADA)

Inquiries Into Disabilities, Physical Exams, Other Testing

Also see p. 6 for "Interviewing/Selection."

  1. If a candidate self-identifies as "disabled" during an interview but does not tell the interviewer what the disability is, may the interviewer ask?

  2. No. But the interviewer may ask whether the candidate is able to perform the essential functions of the job.

  3. 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.

  4. May individuals be questioned at an interview to determine whether a disability exists?

  5. No. Neither an external candidate nor an employee, including a student employee, may be questioned to determine whether a disability exists.

  6. 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.

  7. May individuals still be required to undergo physical exams?

  8. 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.

  9. 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.

  10. 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?

  11. 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.")

  12. 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.