When a job requires physical labor, a pre-employment physical is often a must to make sure new hires can work safely. Here’s how to give medical tests without being sued.
Many companies run into trouble with the Americans with Disabilities Act when they ask job applicants and new employees for medical information. Here are six keys to staying out of court:
- Give the tests to all new hires for similarly situated positions
- Only ask for a physical after a job offer has been made
- In your written offers, mention they are contingent on successful completion of a medical exam
- Make sure the results are confidential
- Only test to make sure the employees can perform the essential functions of the job, and
- Put those requirements in your job description so applicants are aware of them beforehand.