Disability-related and Genetic Information in Job Applications and Pre-employment Medical Examinations: Best Practices

Summary

This practice note addresses the types of medical, genetic, and disability-related information an employer can collect from a job applicant, if any. The Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12101 et seq.) and the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. §§ 2000ff et seq.) limit employers' ability to collect medical information from applicants, particularly before they extend an offer of employment. It is important for employers to be aware of these limitations to avoid violating these statutes or similar state statutes, which could potentially subject them to liability.