Employers Cannot Require Pre-Offer Medical Inquiries

October 18, 2019

Reliable Staffing has agreed to pay $25,000 and furnish other relief to conciliate a disability discrimination charge alleging that the Indianapolis staffing firm violated the Americans with Disabilities Act (ADA) when job applicants were subjected to pre-offer medical inquiries, and the company refused to hire a class of job applicants because of the information unlawfully obtained during those inquiries. The investigation by the Equal Employment Opportunity Commission (EEOC) also found that Reliable Staffing failed to maintain protected medical information in a confidential manner, on separate forms and in separate files from regular personnel records, as required under the ADA.