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Title I: Employment Topics

Before Initiating a Pre-Employement Test

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.

 

 

(Return to Title I Employment)

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