Inaccurate information given in post-offer, pre-hire exam may not be basis for employee’s later discharge

Lexology
Sherman & Howard LLC
Theodore A. Olsen
USA
September 1 2011

The Americans with Disabilities Act permits an employer to require an applicant to pass an employment entrance examination, if the applicant has received a conditional job offer, if the examination inquires into the ability of the applicant to perform job-related functions, if all such entering employees are required to undergo an examination, and if the information obtained is retained separate from other records and is treated as a confidential medical record. A physician who performs such a post-offer, pre-employment examination may not share information from an exam with the employer, even if it apparently disproves an employee's need for a disability accommodation, and an employer may not discipline an employee for giving contradictory information in the pre-employment exam and later on the job. Blanco v. Bath Iron Works, No. 2:10-cv-00429 (D. Me. July 6, 2011).

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