Medical Inquiries

• A medical inquiry can be any type of request by an employer of an employee for information about her medical or health condition ranging from verbal requests about health status to a complete physical and psychological exam. An employee volunteering medical information about herself to an employer is not considered to be a medical inquiry.
  
  

Permissible Medical Inquiries

• An employer is permitted to require an employee, even a CEO, to submit to a medical exam if the exam is related to the job and consistent with business necessity. For example, if the executive of an outdoor adventure company is required to lead rock-climbing tours, then it may be reasonable for the company to require the executive to undergo a physical examination to ensure it is safe for her to engage in strenuous physical activity.
  
  

Impermissible Medical Inquiries

• Any requirement that an employee, including an executive, undertake a medical exam as a condition of employment for the sole purpose of evaluating the health and well-being of the employee is unlawful. Employers must have a compelling safety or public health reason for requiring an employee undertake a physical exam.
  
  

Exceptions

• Employers may request an executive provide medical information or even submit to a medical exam if she is requesting reasonable accommodation of a disability and the impairment is not readily verified by a review of medical records. Additionally, medical exams undertaken as part of an executive life or health insurance benefit is not precluded by federal law.