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Disability Nondiscrimination Law Advisor

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.