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Preemployment Medical Examinations

The ADA bifurcates the hiring process into preoffer or appointment and postoffer of employment. At the preoffer stage, with certain exceptions for mandated affirmative action record keeping, "It is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of such disability" (sec. 1630.13(a)).

The employer may ask the applicant if he or she is able to do the job and may require job-oriented skills tests. The employer must provide any reasonable accommodations that the applicant requires to complete these tests.

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