Post-Offer Fitness Screen Program Development
After a conditional offer of employment has been made, unrestricted health exams, testing and inquiries are permitted; however, if the employer withdraws the offer based on medical information (screens out the person because of a disability), the reason must be job-related and consistent with business necessity. Exams must be done on all entering employees in the same job category. When an individual is rejected as a “direct threat” to health a safety, the employer must be prepared to show:
- A significant current risk of substantial harm (not speculative or remote)
- The specific risk must be identified
- The risk must be documented by objective medical or other factual evidence regarding the particular individual
- Even if genuine significant risk of substantial harm exists, the employer must consider whether it can be eliminated or reduced below the level of a “direct threat” by reasonable accommodation without undue hardship to the employer.
Post-Employment exams are permitted as well, however, any required medical exam or inquiry of employees must also be job related and consistent with business necessity.
MEASURAbilities, LLC (formerly Sandy Goldstein & Associates) will draw on it’s understanding of civil rights legislation and court decisions related to employment practices, including Title VII of the Civil Rights Act (ADA) of 1991, and guidelines from the Equal Opportunity Commission (EEOC) to customize a legally defensible post-offer fitness screen program that will include the following elements:
- Fitness-For-Duty Questionnaire: a health history questionnaire completed by the employee that provides a mechanism for capturing baseline health status and lifestyle functional abilities. Failure of the worker to provide honest and accurate responses on the health questionnaire may provide grounds for withdrawal of the job offer, a claim denial or termination.
- Third-Party Review: Because of HIPPA regulations, many employers have an independent healthcare provider function as the reviewer and gatekeeper of all medical tests and inquiries. In the event of future work-related injury claim, the reviewer may also be consulted to review pre-existing health problems and evaluate the appropriateness or requested