When conducting pre-employment physical examinations, employers must carefully navigate legal requirements to ensure compliance — particularly under the Americans with Disabilities Act (ADA). The ADA prohibits requiring a physical exam until after a conditional offer of employment has been made. Even then, the exam must be job-related and consistent with business necessity, and all candidates applying for the same role must be subject to the same examination process.
Employers must treat medical information with the highest level of confidentiality. Results from a physical exam must be stored separately from personnel files and should never be used to discriminate against individuals with disabilities. The purpose of the exam should be strictly to determine whether a candidate can perform essential job duties, with or without reasonable accommodation — not to predict future absenteeism or health-related costs.
Any healthcare provider conducting the exam must have a clear and accurate understanding of the specific job duties and working conditions. Only job-relevant physical abilities should be assessed. If a contingent job offer is withdrawn based on exam results, it must be due to a legitimate, documented reason — such as an inability to perform the job safely, or because no reasonable accommodation is feasible without creating undue hardship.
To reduce risk, ensure consistent practices, involve qualified medical professionals, and document every step of the process. If you need help reviewing your pre-employment physical exam procedures, aHRrow’s team is here to assist.