196 Human Resources Management for Public and Nonprofi t Organizations
to ask applicants about their ability to perform job functions, but they
may not ask about disabilities before a job offer has been made. Once a
conditional job offer has been made, however, the employer may require
a medical examination and make disability - related inquiries. Employers
may ask applicants to describe or demonstrate how they would perform
job - related tasks with or without reasonable accommodation. If the exami-
nation screens out an individual with a disability as a result of the dis-
ability, the employer must demonstrate that the exclusionary criterion is
job related and consistent with business necessity. The employer must also
show that the criterion cannot be satisfi ed and the essential job functions
cannot be performed with reasonable accommodation.
Medical examinations are procedures or tests that seek information about
the existence, nature, or severity of an individual ’ s physical or mental
impairment or that seek information regarding an individual ’ s physical
or psychological health. Following are some of the guidelines established
by the EEOC to determine whether a procedure or test is a medical
examination:The procedure or test must be administered by a health care profes-
sional or someone trained by a health care professional. The results
of the procedure or test must be interpreted by a health care profes-
sional or someone trained by a health care professional.
The employer must administer the procedure or test for the pur-
pose of revealing the existence, nature, or severity of an impair-
ment or to determine the subject ’ s general physical or psychological
health.
The procedure or test may be invasive (for example, drawing blood,
testing urine, or analyzing breath).
The procedure or test may measure physiological or psychological
responses of an individual only if the results determine the individ-
ual ’ s ability to perform a task.
The procedure or test must be one that is normally administered in
a medical setting (a health care professional ’ s offi ce, a hospital).
Medical diagnostic equipment or devices may be used for adminis-
tering the procedure or test.Physical agility and physical fi tness tests , in which applicants demonstrate
their ability to perform actual or simulated job - related tasks, are not medi-
cal examinations. These tests measure applicants ’ ability to perform a par-
ticular task; they do not seek information concerning the existence, nature,