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Can you require a medical exam for a contractor who has disclosed a disability if the position typically does not require one?

  1. Yes

  2. No

  3. Only if the disability is severe

  4. Only with written consent

The correct answer is: Yes

Requiring a medical exam for a contractor who has disclosed a disability must comply with the Americans with Disabilities Act (ADA) and relevant employment laws. The key point is that medical examinations should only be mandated when they are job-related and consistent with business necessity. If the position in question typically does not require a medical exam, then imposing one could be considered discriminatory or an invasion of privacy. In cases where the nature of the work suggests a legitimate need for a medical examination—such as safety-sensitive positions or roles that necessitate certain physical capabilities—the employer may be justified in requiring such an examination. It’s essential that this requirement aligns with the duties of the job and does not single out an employee based solely on their disability disclosure. Thus, while the scenario provided in the question may suggest a potential justification for the requirement due to the contractor disclosing a disability, the fundamental principle is that the need for a medical exam must be related to the specific job functions and not solely based on the existence of a disability. Fitness for duty assessments are appropriate only if it can be shown that the evaluation directly pertains to the contractor’s ability to perform essential job functions.