|
Remember that the reasonable accommodation process extends to pre-employment testing. Note: An accommodation would not need to be provided if it would fundamentally alter the nature of the job.
Example: It would fundamentally alter the nature of a job if an applicant who is blind requests documents on tape in order to take a proofreading test. A physical agility test in which an applicant demonstrates the ability to perform actual or simulated job tasks is not a medical exam under the ADA and can be given prior to a job offer. However, if an employer measures an applicant's physiological or biological responses to performance, the test would be medical. Example: blood pressure or heart rate
Note: Although employers cannot ask disability-related questions, they may give the applicant a description of the agility or fitness test and ask the applicant to have a private physician simply state whether s/he can safely perform the test.
A test to detect the illegal use of drugs is not considered a medical examination and can be given prior to a job offer.
Urine and breath tests that detect the use of alcohol can not be given prior to a job offer.
|