This assessment shall be based on a reasonable

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Unformatted text preview: cal Examination Must Be Job-Related and Consistent with Business Necessity The Americans with Disabilities Act protects "qualified individuals with a disability" from discrimination based on their disability. 42 U.S.C.A. § 12112(a). 216 The prohibition [*1094] against discrimination referred to in section (a) includes medical examinations and inquiries. 42 U.S.C.A. § 12112(d)(1). Once an individual has been hired, the statute provides as follows: A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and extent of the disability, unless such examination is shown to be job-related and consistent with business necessity. 42 U.S.C.A. § 12112(d)(4)(A). The statute clearly permits medical examinations, but only in certain limited circumstances. The focus is on the nature of job-relatedness and what constitutes a business necessity. The interpretative guidelines to the ADA explain that the statute was intended to prevent against "medical tests and inquiries that do not serve a legitimate business purpose." 29 C.F.R. § 1630.13(b) App. (1996). n7 The regulations provide an example of prohibited medical examination: "If an employee suddenly starts to use increased amounts of sick leave or starts to appear sickly, an employer could not require that employee to be tested for AIDS, HIV infection, or cancer unless the employer can demonstrate that such testing is job-related and consistent with business necessity." Id. The hypothetical of prohibited action by an employer is factually different from the case before us. Prevo's legitimate business purpose and business necessity was to protect the health of Sharp, its other employees and the general public from HIV infection. Because of the frequency [**15] of bleeding in the produce area, Prevo's needed to verify Sharp's medical condition, determine whether he had other conditions associated with HIV, and determine whether he wasaware of and able to follow safety procedures to reduce or eliminate any risk of infection. HIV is a blood...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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