Chapter § 3-13 § 1630.13. Prohibited Medical Examinations and Inquiries

• Jurisdiction: United States

3-13 § 1630.13. Prohibited Medical Examinations and Inquiries

(a) Pre-employment examination or inquiry. Except as permitted by § 1630.14, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of such disability.

(b) Examination or inquiry of employees. Except as permitted by § 1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability or as to the nature or severity of such disability.

3-13:1 Commentary

• Karraker v. Rent-A-Center, Inc., 411 F.3d 831 (7th Cir. 2005) (personality test held to be a medical examination and therefore it violates the ADA; employees, to be considered for promotion to management

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