Disability-related Inquiry
A disability-related inquiry is any question that is likely to reveal the
existence of a disability. Generally, a disability-related inquiry or medical
examination will be "job-related and consistent with business necessity" when an
employer &"has a reasonable belief, based on objective evidence, that: (1) an
employee's ability to perform essential job functions will be impaired by a
medical condition; or (2) an employee will pose a direct threat due to a medical
condition." Disability-related inquiries and medical examinations that follow up
on a request for reasonable accommodation, when the disability or need for
accommodation is not known or obvious, may also be considered job-related
and consistent with business necessity. See EEOC's
Enforcement Guidance: Disability-related Inquiries and Medical Examinations
of Employees Under the Americans with Disabilities Act (ADA) and
Enforcement Guidance: Preemployment Disability-Related Questions and Medical
Examinations Under the ADA.