PRACTICE LOCATIONS: VA, DC, MD, NY, NC

contact@spigglelaw.comcontact@spigglelaw.com
  • TALK TO A REAL PERSON
  • 202-980-3857202-980-3857

SPLF Employment Blog

serious health condition

What If Your Employer Wants You To Have a Medical Exam

Medical Exams Under the ADA, FMLA, and Rehabilitation Act

If your employer requires you to undergo a medical exam, do you have to submit to one? It depends.

An employer cannot require you to take a medical examination before offering you a job. Following a job offer, an employer can condition the offer of employment on your passing a required medical examination, but only if it requires all employees in that job to take the same examination. Furthermore, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are jobrelated and necessary for the conduct of its business. Finally, the employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.

Once you have been hired and started work, your employer cannot require you to take a medical examination or ask questions about your disability unless they are related to your job and necessary for conducting business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and it may provide medical information required by state workers’ compensation laws to the agencies that administer such laws.

Share this post

Latest Articles

The Biggest Theft That Nobody Is Talking About

The Biggest Theft That Nobody Is Talking About

At a time when billionaire extraordinaire Elon Musk is dominating headlines with his multi-billion-dollar buying spree, there is another story worth billions that is curiously absent from our Twitter feeds. Unfortunately, rather than recount the spending of riches, this story tells the tale of one of the greatest thefts in American history. Every hour, millions …

The Biggest Theft That Nobody Is Talking About Read More »

Maryland Passes Two Bills To Strengthen Anti-discrimination and Harassment Protection In The Workplace

Maryland Passes Two Bills To Strengthen Anti-discrimination and Harassment Protection In The Workplace

Last night the Maryland General Assembly passed two bills, SB 450 and SB 451, which will increase protections for victims of harassment and discrimination in the workplace.  SB 450 eliminates the ‘severe or pervasive’ standard for harassment claims and creates a new standard for harassment claims in the workplace. The prior ‘severe or pervasive’ standard …

Maryland Passes Two Bills To Strengthen Anti-discrimination and Harassment Protection In The Workplace Read More »

DMV Survey Series: Wage Theft Edition

DMV Survey Series: Wage Theft Edition

*In this series, the author will explore the differences in specific areas of the law between D.C., Maryland, and Virginia, and hopefully answer the age-old question: which state is best for employees? Please remember that this blog post, like all of our posts, offers general information and is NOT legal advice. – Upon reading this …

DMV Survey Series: Wage Theft Edition Read More »

The Supreme Court Decides to Block and Uphold Biden’s Vaccination Mandates

The Supreme Court Decides to Block and Uphold Biden’s Vaccination Mandates

On January 13, 2021, the U.S. Supreme Court made two major decisions. These related to President Biden’s attempts to increase the number of workers who are fully vaccinated against the coronavirus. The first decision temporarily blocked the vaccinate-or-test regulation that applied to employers with 100 or more employees. The second decision allowed the vaccination requirement …

The Supreme Court Decides to Block and Uphold Biden’s Vaccination Mandates Read More »

Talk To A Real Person