Considering using a Post Offer Medical Questionnaire?
Here’s 7 best practices worth considering:
1. Do not subject applicants to disability-related inquiries or medical exams prior to a conditional offer of employment.
2. After a conditional offer of employment, make disability-related inquiries and require medical exams only if the same is required of all entering employees in the same job category.
3. After employment commences make sure that any disability-related inquiries or medical exam requirements are job-related and consistent with business necessity.
4. Any post-offer questions not asked of others must be confined to those which are medically related to medical information already provided by the applicant.
5. If an offer is withdrawn based on medical information provided by the applicant, make sure it can be established that either:
— the particular impairment at issue renders the individual unqualified to perform the essential functions of the job; or
— the applicant was excluded for safety reasons because he or she poses a direct threat due to the impairment.
6. Do not ask questions about an applicant’s family medical history or genetic information.
7. Do not make medical inquiries of or require medical exams for protected category members, such as women and older applicants, unless the same inquiries and exams are also imposed on applicants outside the protected categories.