Employers who require potential applicants to go through pre employment physicals need to be careful with their requests.
Under the American Disability Act, employers can require applicants to go through pre employment physicals only after a conditional offer has been made to the applicants. To ensure that an applicant who is denied employment cannot credibly claim that the pre-employment physical was the reason, employers need to give the conditional offer in writing.
Employment physicals are one of the last stages of applicant screening. They cannot be used to rule out an applicant. In fact, while ordering pre employment physicals, employers need to state if the offer of the job is also contingent on other conditions such as passing a drug screening.
Under the American Disability Act, employers need to make reasonable accommodation for employees with a disability. It clearly states that an employee cannot be discriminated against on the basis of the disability.
Employment physicals are one of the last stages of applicant screening. In fact, most employers do not even order these physicals. However for those who do, they need to make sure that they hire the services of an independent physician for this task.
The physician conducting the employment physicals need to be independent and credible. If the company has a physician on staff, it is critical that there be an impenetrable wall between the personnel and medical functions.
Employers requiring candidates to undergo employment physicals need to provide a written statement as to the essential mental and physical functions of the job for each candidate. If the physician establishes a disability with an individual, the employer is bound to work within reasonable limits with the employee.
Physicians conducting the employment physicals should not release to the employer any medical information about the applicant. Whatever information the employer does receive from the examining physician should be placed in confidential medical files, which are separate and distinct from the employees' personnel files.
Employment physicals are one of the last stages of applicant screening. However, only large employers and employers in certain industries require candidates to go through pre employment physicals.
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