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"Should They Be Asking Me That?"

Advising People with Disabilities About the ADA's Inquiry and Examination Provisons

By Barry C. Taylor

The Americans with Disabilities Act protects potential and current employees against discrimination based on medical examinations and disability-related inquiries. Employees and advocates should know the prohibitions on such examinations and inquiries conducted before a conditional offer of employment, whether personality tests are medical examinations, the confidentiality rules on employee and applicant medical records, and legal remedies when the law is violated.

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