Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA

JOB RELATED AND CONSISTENT WITH BUSINESS NECESSITY

When may an employer ask an employee a disability-related question or require an employee to submit to a medical examination? (Question 5)

• Generally, an employer only may seek information about an employee's medical condition when it is job related and consistent with business necessity. This means that the employer must have a reasonable belief based on objective evidence that:
  • an employee will be unable to perform the essential functions his or her job because of a medical condition; or,
  • the employee will pose a direct threat because of a medical condition.
• Employers also may obtain medical information about an employee when the employee has requested a reasonable accommodation and his or her disability or need for accommodation is not obvious.
• In addition, employers can obtain medical information about employees when they:
  • are required to do so by another federal law or regulation (e.g., DOT medical certification requirements for interstate truck drivers); (Question 21)
  • offer voluntary programs aimed at identifying and treating common health problems, such as high blood pressure and cholesterol; (Question 22)
  • are undertaking affirmative action because of a federal, state, or local law that requires affirmative action for individuals with disabilities or voluntarily using the information they obtain to benefit individuals with disabilities. (Question 23)

What should an employer do if it learns about an employee's medical condition from someone else? (Question 6)

• First, the employer should determine whether the information learned is reliable. The employer should consider how well the person providing the information knows the individual, the seriousness of the medical condition, and how the person learned the information.
• The employer should then determine whether the information gives rise to a reasonable belief that the employee in question will be unable to perform the essential functions of his or her job because of the medical condition or will pose a direct threat because of the condition.
• If the information does give rise to such a reasonable belief, then the employer may make disability-related inquiries or require a medical examination as permitted by the Guidance.

May an employer ask all employees what prescription medications they are taking? (Question 8)

• Generally, no. In limited circumstances, however, employers may be able to ask employees in positions affecting public safety about their use of medications that may affect their ability to perform essential functions and thereby result in a direct threat.
• For example, an airline could require pilots to report when they are taking medications that may affect their ability to fly. A fire department, however, could not require employees in administrative positions to report their use of medication because it is unlikely that these employees would pose a direct threat as a result of an inability, or impaired ability, to do their jobs.

What may an employer do if it believes that an employee is having performance problems because of a medical condition, but the employee won't answer any questions or go to the doctor? (Question 9)

• The employer may discipline the employee for his or her performance problems just as it would any other employee having similar performance problems.