Short answer: No, such policies may violate federal anti-discrimination laws.
Full answer: Requiring candidates to be free of “painful deviations” or “contagious diseases” as a condition of hiring is likely illegal under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The ADA prohibits discrimination against qualified individuals with disabilities and limits when and how employers can request medical information.
Additionally, HIPAA privacy rules restrict access to employees’ health information.
For example: “A policy stating that applicants must not have any medical conditions could be seen as discriminatory and result in legal claims.”
When Health-Related Inquiries Are Legal:
Legal Compliance: Review your HR policy to ensure compliance with ADA, GINA, and EEOC guidelines. Remove or revise language that could interpreted as discriminatory based on health conditions. It is recommended that you consult with legal counsel.
Warning: Avoid Common Mistakes: Do not include vague or overly broad health requirements in job descriptions or policies. Ensure that any medical inquiries or exams are job-related and consistent with business necessity.
General federal norm: Americans with Disabilities Act (ADA); Genetic Information Nondiscrimination Act (GINA); EEOC guidelines
State: All States
Link to legislative resource: U.S. Equal Employment Opportunity Commission (EEOC); U.S. Department of Labor (DOL)
Full answer: Requiring candidates to be free of “painful deviations” or “contagious diseases” as a condition of hiring is likely illegal under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The ADA prohibits discrimination against qualified individuals with disabilities and limits when and how employers can request medical information.
Additionally, HIPAA privacy rules restrict access to employees’ health information.
For example: “A policy stating that applicants must not have any medical conditions could be seen as discriminatory and result in legal claims.”
When Health-Related Inquiries Are Legal:
- Post-offer medical examinations are allowed if required for all employees in similar roles and are related to job performance.
- Employers can inquire about an applicant’s ability to perform essential job functions with or without reasonable accommodations but cannot ask directly about specific medical conditions.
- Contagious diseases: Employers can take steps to prevent workplace exposure but must ensure policies comply with the ADA’s “direct threat” standard, requiring objective evidence of a significant risk that reasonable accommodations cannot eliminate.
Legal Compliance: Review your HR policy to ensure compliance with ADA, GINA, and EEOC guidelines. Remove or revise language that could interpreted as discriminatory based on health conditions. It is recommended that you consult with legal counsel.
Warning: Avoid Common Mistakes: Do not include vague or overly broad health requirements in job descriptions or policies. Ensure that any medical inquiries or exams are job-related and consistent with business necessity.
General federal norm: Americans with Disabilities Act (ADA); Genetic Information Nondiscrimination Act (GINA); EEOC guidelines
State: All States
Link to legislative resource: U.S. Equal Employment Opportunity Commission (EEOC); U.S. Department of Labor (DOL)