Disclaimer
pre-employment tests or examinations must be job-related and non-discriminatory, i.e., required of all applicants in that job category
job-related skills tests are permissible if administered consistently and are the best way to confirm whether an applicant’s claims of expertise in a certain type of work are true, untrue, or perhaps merely a bit “inflated”
be careful with inflated or unrealistic self-assessments by applicants – it is common to overestimate one’s own skills – that does not prove misconduct or dishonesty, but does demonstrate the need for employers to verify claims of a particular level of skill
the ADA prohibits medical inquiries prior to making a tentative offer of employment – of course, the ADA applies only if a company has at least 15 employees – to be sure, consult legal counsel!
if medical inquiries are made following a tentative offer of employment, the same inquiries must be made of all applicants for such a position, not just the ones who look like they may have medical problems
medical inquiries should relate directly to the essential functions of the job - the "essential functions" are the main reasons for the job to exist, and should be consistent with the job description for the position
the ADA requires employers to maintain any and all medical information in a separate and confidential medical records file
the employer must be prepared to offer a reasonable accommodation to any otherwise qualified applicant who turns out to have a protected disability
a "reasonable accommodation" is a change in procedures, a device, a change in duties, a shifting of personnel, or a change in the work environment that the employer could make without "undue hardship" to its business and which would enable the applicant to perform the essential functions of the job
"undue hardship" can vary according to the size of the company and the nature of the proposed accommodation
drug tests are not included within the definition of "medical examinations" under the ADA and may be given at any time
of course, confidentiality rules apply – no one should ever learn of the test results except people with a legitimate need to know
if a drug test somehow reveals a disability, ADA issues arise
"physical agility tests", often used by police and fire departments when screening applicants, are not considered medical examinations under the ADA and may be given at any point in the hiring process, but they must be administered to all applicants in that job category, and if they tend to screen out individuals with disabilities, the employer must be able to demonstrate that the tests are job-related and consistent with business necessity, and further, that no reasonable accommodation is possible that would enable people with certain disabilities to meet the requirements of the test