Can my employer require a medical exam before offering me a job?

What the Law Says

The Americans with Disabilities Act (ADA) strictly limits when employers may ask medical questions or require medical exams during the hiring process.

Under federal law, it is unlawful for an employer to require a medical examination—or ask disability-related questions—before making a conditional job offer. This rule protects applicants from discrimination based on actual or perceived disabilities.

Once an employer makes a conditional job offer (i.e., an offer pending satisfactory completion of certain requirements), it may require a medical exam—but only if the exam is required for all entering employees in the same job category, regardless of disability. The results must be kept confidential and used only to assess ability to perform essential job functions.

If the exam reveals a disability, the employer may withdraw the offer only if the applicant cannot perform essential job functions—even with reasonable accommodation—or would pose a 'direct threat' to health or safety that cannot be eliminated by accommodation.

Statutory Text

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

— 42 U.S.C. § 12112 — Discrimination

What to Do

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