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Medical Examinations
This guide covers situations in which medical examinations in employment are considered and addresses the legality of these examinations.
Whether or not a medical examination is justified or necessary in most employment situations is
a complex issue.
Pre-employment medical examinations are manifestly discriminatory and that discrimination
would be unlawful in most situations.
Conditional offers of employment based on the applicant “passing” a medical examination that
attests to that person’s suitability for employment are potentially unlawful.
Medical examinations for biological monitoring must be limited to that purpose and conducted on
the basis of informed consent.
Medical examinations to establish fitness to return to work may be fair and reasonable in specified
circumstances.
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