Publisher’s Note: Today’s guest post is provided by Brandon Underwood, one of my colleagues at Fredrikson & Byron, P.A. Hopefully Brandon will catch the blogging bug and continue to post….
The Americans with Disabilities Act (ADA) forbids medical examinations and inquiries in employment. But not all of them. Instead, an examination or inquiry’s permissibility, and scope, turns primarily on when it occurs. Too early, and the examination violates the ADA. Too late, and it may as well.