May an employer require entering employees to have a medical test post-offer to determine their exposure to the influenza virus?
Yes, in limited circumstances. The ADA permits an employer to require entering employees to undergo a medical examination after making a conditional offer of employment but before the individual starts work, if all entering employees in the same job category must undergo such an examination.
Example: An employer in the international shipping industry implements its pandemic influenza preparedness plan when the WHO and the CDC confirm that a new influenza virus, to which people are not immune, is infecting large numbers of people in multiple countries. Because the employer gives these medical tests post-offer to all entering employees in the same job categories, the examinations are ADA-compliant.
Last Reviewed: 10/06/2009
Related Questions:
- In light of the ADA requirements, how may employers ask employees about factors, including chronic medical conditions, that may cause them to miss work in the event of a pandemic?
- Are there ADA-compliant ways for employers to identify which employees are more likely to be unavailable for work in the event of a flu outbreak?
- May an ADA-covered employer send employees home if they display influenza-like symptoms during a pandemic?
