I did not blog last week, but I have a good excuse. Last week, was the Jewish day of atonement, Yom Kippur, and my daughter was also on fall break. For those who were celebrating last week, I hope your holidays went well. My daughter is now back in school, and so I am ready
conditional job offer
Fear of Future Disability Actionable Under ADA?
Today’s blog entry deals with the question of whether taking adverse action against a person who does not currently not have a disability but where the employer fears will develop a disability in the future is actionable under the ADA. We will discuss two cases going opposite ways. They are: EEOC v. STME, LLC d/b/a/ …
Shaquem Williams, NFL, and the ADA
I was trying to figure out what to blog on this week. I had various possibilities in mind, but for one reason or the other I rejected each of them, though one of them I put back in my pipeline. As everyone knows, the ADA and professional sports has long been an interest of mine.…
Medical inquiries, medical exams, disability related inquiries, job relatedness, and consistent with business necessity
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Overview
The ADA has a whole scheme that deals with medical inquiries/exams/ disability related inquiries. Basically, the way it works is this:
1. Preemployment medical inquiries/ exams are prohibited. However, nothing wrong with asking whether a person can do what would be an essential function of the job. That said, if you are going…
The perils of relying on a physical exam subsequent to a conditional job offer
The ADA allows a physical exam to be made after a conditional job offer. That is, it is perfectly permissible under the ADA to offer a person a job conditionally subsequent to taking a physical. If the employer denies employment after the physical exam (i.e. takes back the conditional job offer), the employer must do…
Disability related inquiries, conditional job offers, medical exams, and drug testing
It is really important to know that the Americans with disabilities act deals with disability related inquiries, medical exams and drug testing in very distinct ways. Basically the way it works, is that disability related inquiries and medical exams prior to a conditional job offer are prohibited, though you can address essential functions of the…