29 C.F.R. §1630.13 - Prohibited medical examinations and inquiries
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5 firm's commentaries
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Annual Report on EEOC Developments - Fiscal Year 2013
...Avoid Discrimination (May 8, 2013), available at http://www.eeoc.gov/eeoc/newsroom/release/5-8-13.cfm. 186 See 42 U.S.C. § 12112(d); 29 C.F.R. §§ 1630.13, 1630.14; EEO C, Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the ADA (July 27, 2000), ......
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The Key to a Healthy Corporate Wellness Program
...which an employer may make disability-related inquiries or ask an employee to undergo a medical examination. See 42 U.S.C. § 12112(d); 29 C.F.R. §§1630.13, 1630.14. Disability-related inquiries are permitted, however, as part of a voluntary wellness program. A wellness program will only qua......
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Expanding Compliance Obligations: What Federal Contractors Need To Know About OFCCP's New Disability And Veterans Regulations
...law requiring affirmative action for individuals with disabilities," such as Section 503 or VEVRAA. See 78 Fed. Reg. at 58627 (citing 29 C.F.R. §§ 1630.13, 1630.14; 41 C.F.R. § 60-741.42). In defending this position, the OFCCP relies in part on a letter obtained from EEOC's Office of Legal ......
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Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”
...Care Act and Wellness Programs, available at http://www.dol.gov/ebsa/newsroom/fswellnessprogram.html. 4 See 42 U.S.C. § 12112(d); 29 C.F.R. §§1630.13, 1630.14. 5 80 FR at 21,662. 6 Id. 7 Id. at 21,667. 8 Id. at 21,663. 9 Id. at 21,662. 10 Id. at 21,663. 11 Id. 12 Id. 13 Id. at 21,664. 3 Thi......
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4 books & journal articles
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Employer rules and policies
...to undergo a medical examination. 42 U.S.C. §12112(d)(2)(2006). At the pre-offer stage, the ADA prohibits all medical examinations. 29 C.F.R. §1630.13 (2009). However, once an applicant has been given a conditional offer of employment, the employer can require the applicant to undergo a med......
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Disability discrimination
...is simply “to prevent the administration to employees of medical tests or inquiries that do not serve a legitimate business purpose.” 29 C.F.R. §1630.13(b) App. Second, an employer may make inquiries into the employee’s ability to perform job- related functions. 42 U.S.C. §12112(d)(4)(B); 2......
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The hiring process
...employees from requiring pre-employment medical examinations, including certain psychological examinations. See 42 U.S.C. §12112(d); 29 C.F.R. §1630.13(a), (b). Seegenerally Ch. 21 (Disability Discrimination) . An employer may, however, condition a good faith offer of employment on the resu......
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Vol. 6, No. 1, Pg. 22. The Injured or Disabled Worker: New Rights, New Duties.
...have the potential to reveal 25the existence, nature or severity of an applicant's disability. See 42 U.S.C. § 12112(b)(1)-(7); 29 C.F.R. § 1630.13(a). Under the ADA, an employer may ask only questions to determine whether an applicant can perform a specific job-related function. 42 U.S.C. ......