Utah General Contractors - Business and Law Practice Exam

According to the Americans with Disabilities Act, when can an employer require a medical examination?

1. Before a job offer is made

2. After a job offer is made

3. Only for current employees

4. Only during workplace accidents

The correct answer is: After a job offer is made

Under the Americans with Disabilities Act (ADA), an employer is permitted to require a medical examination after a conditional job offer has been made. This means that once a candidate has been selected for a position but before the actual hiring process is finalized, the employer can ask for a medical examination. The rationale behind this is to ensure that the employer has a clear understanding of the candidate's ability to perform essential job functions, while also protecting the rights of individuals with disabilities. This protocol helps ensure that employers do not discriminate against candidates based solely on their medical history or perceived disabilities before evaluating their qualifications for the job. It establishes a clear boundary to prevent any biases from affecting hiring decisions until a job offer is on the table. Thus, the timing is crucial, as conducting such examinations prior to a job offer can lead to potential violations of the ADA.