Employers aren’t allowed to delve into an employee’s disabilities or medical history when that employee wants to keep the information private—unless the employer can show a job-related reason for doing so. To qualify, the inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of his job. Broad questions often run afoul of the law.
When determining fitness for duty, strictly limit medical inquiries to essential functions
To continue reading this page, become an
HR Specialist Premium Plus member today!
HR Specialist Premium Plus member today!
Your subscription includes:
- Ask the Attorney: Answers to your HR legal questions
- Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state
- State-by-State: Summaries of HR laws in all 50 states
- Manager's Training Library: a treasure trove of printable training guides
- Memos to Managers for simple staff training
- The Hiring Toolkit: Job descriptions, interview questions & exemption tests for 200+ positions
- Webinar of the Week: Train instantly with recent recordings
- Sample Policies, Weekly Podcasts, Q&As and much, much more ...