3.14 E. Medical Inquiries—Current Employees

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

E. Medical Inquiries—Current Employees

A covered entity may not require a medical examination nor inquire whether the employee is an individual with a disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity. However, a covered entity may conduct voluntary medical examinations, including voluntary medical histories that are part of an employee health program available to employees at that work site. A covered entity also may inquire into an employee’s ability to perform job-related functions. Any information obtained during such an examination regarding the medical condition or history of any employee is subject to confidentiality requirements applicable to employment entrance examinations.³⁴

The Second Circuit found that requiring a “general diagnosis”...