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Is worker fit for duty? Limit medical inquiries to essential functions

08/02/2010

You aren’t allowed to delve into an employee’s medical history or disabilities when the employee wants to keep the information private—unless you can show a clear job-related reason for doing so. To qualify as job-related, your inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of the job. Broad questions often run afoul of the law.

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