[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.14]

[Page 346-347]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT--Table of Contents
 
Sec. 1630.14  Medical examinations and inquiries specifically permitted.

    (a) Acceptable pre-employment inquiry. A covered entity may make 
pre-employment inquiries into the ability of an applicant to perform 
job-related functions, and/or may ask an applicant to describe or to 
demonstrate how, with or without reasonable accommodation, the applicant 
will be able to perform job-related functions.
    (b) Employment entrance examination. A covered entity may require a 
medical examination (and/or inquiry) after making an offer of employment 
to a job applicant and before the applicant begins his or her employment 
duties, and may condition an offer of employment on the results of such 
examination (and/or inquiry), if all entering employees in the same job 
category are

[[Page 347]]

subjected to such an examination (and/or inquiry) regardless of 
disability.
    (1) Information obtained under paragraph (b) of this section 
regarding the medical condition or history of the applicant shall be 
collected and maintained on separate forms and in separate medical files 
and be treated as a confidential medical record, except that:
    (i) Supervisors and managers may be informed regarding necessary 
restrictions on the work or duties of the employee and necessary 
accommodations;
    (ii) First aid and safety personnel may be informed, when 
appropriate, if the disability might require emergency treatment; and
    (iii) Government officials investigating compliance with this part 
shall be provided relevant information on request.
    (2) The results of such examination shall not be used for any 
purpose inconsistent with this part.
    (3) Medical examinations conducted in accordance with this section 
do not have to be job-related and consistent with business necessity. 
However, if certain criteria are used to screen out an employee or 
employees with disabilities as a result of such an examination or 
inquiry, the exclusionary criteria must be job-related and consistent 
with business necessity, and performance of the essential job functions 
cannot be accomplished with reasonable accommodation as required in this 
part. (See Sec. 1630.15(b) Defenses to charges of discriminatory 
application of selection criteria.)
    (c) Examination of employees. A covered entity may require a medical 
examination (and/or inquiry) of an employee that is job-related and 
consistent with business necessity. A covered entity may make inquiries 
into the ability of an employee to perform job-related functions.
    (1) Information obtained under paragraph (c) of this section 
regarding the medical condition or history of any employee shall be 
collected and maintained on separate forms and in separate medical files 
and be treated as a confidential medical record, except that:
    (i) Supervisors and managers may be informed regarding necessary 
restrictions on the work or duties of the employee and necessary 
accommodations;
    (ii) First aid and safety personnel may be informed, when 
appropriate, if the disability might require emergency treatment; and
    (iii) Government officials investigating compliance with this part 
shall be provided relevant information on request.
    (2) Information obtained under paragraph (c) of this section 
regarding the medical condition or history of any employee shall not be 
used for any purpose inconsistent with this part.
    (d) Other acceptable examinations and inquiries. A covered entity 
may conduct voluntary medical examinations and activities, including 
voluntary medical histories, which are part of an employee health 
program available to employees at the work site.
    (1) Information obtained under paragraph (d) of this section 
regarding the medical condition or history of any employee shall be 
collected and maintained on separate forms and in separate medical files 
and be treated as a confidential medical record, except that:
    (i) Supervisors and managers may be informed regarding necessary 
restrictions on the work or duties of the employee and necessary 
accommodations;
    (ii) First aid and safety personnel may be informed, when 
appropriate, if the disability might require emergency treatment; and
    (iii) Government officials investigating compliance with this part 
shall be provided relevant information on request.
    (2) Information obtained under paragraph (d) of this section 
regarding the medical condition or history of any employee shall not be 
used for any purpose inconsistent with this part.