The Americans with Disabilities Act lets companies give post-offer medical tests to new hires, as long as it’s the last step of the hiring process. And according to the courts, that means the very last step.
In one case, an airline offered jobs to a group of applicants, contingent on successful completion of a background check and medical exam.
The exam revealed a few of them weren’t eligible for hire, and their offers were taken back.
The problem: The medical testing was done before the background check. The applicants sued, claiming the company violated the ADA by not saving the exam for last.
The court agreed, ruling the law requires medical tests to be the “only remaining contingency” in the hiring process.
According the EEOC, employers must obtain and analyze “all relevant non-medical information” before conducting any medical investigations, unless they can prove it was impossible to get all the non-medical info.
Cite: Leonel v. American Airlines, Inc.
