Pre-employment inquiries related to medical conditions are generally restricted, but there are exceptions. For example, employers may inquire about an applicant’s ability to perform essential job functions, sometimes requesting a medical examination after a conditional job offer. Post-employment, inquiries or medical examinations are allowed if job-related and consistent with business necessity. Specific regulations vary by jurisdiction and sometimes depend on company size.
Understanding the permissible scope of employer inquiries regarding employee health is crucial for both employers and employees. This balance protects employees from discrimination based on health status while allowing employers to ensure a safe and productive work environment. The legal framework surrounding these inquiries has evolved over time, influenced by legislation such as the Americans with Disabilities Act (ADA) in the United States, which aims to protect individuals with disabilities from employment discrimination. Similar legislative protections exist in various forms internationally.