• Medical examinations and inquiries of applicants are prohibited at the pre-offer stage under the ADA.
• Tests for illegal drugs are not considered medical exams, but alcohol tests are.

Medical examinations and medical inquiries of applicants are prohibited under the Americans with Disabilities Act (ADA) at the pre-offer stage. A job offer may, however, be conditional based on the results of a medical examination if all employees entering similar jobs are also required to undergo an examination. If employers decide not to hire an individual because of a disability after the examination, they must demonstrate that the reason for the rejection is job related and consistent with business necessity.

Employers may make certain pre-employment, pre-offer inquiries regarding:

• Use of alcohol or illegal drugs,
• Whether an applicant drinks alcohol, or
• Whether an applicant is currently illegally using drugs.

Employers may not ask:

• Whether an applicant is a drug addict or alcoholic, or
• Whether an applicant has ever been in a drug or alcohol rehabilitation program.

Tests for illegal drugs are not considered medical examinations, and employers may require an applicant to take one before making a conditional job offer. Alcohol tests, however, are considered medical exams and are prohibited at the pre-offer stage.

Employers may ask applicants to describe or demonstrate how they will perform specific job functions, if this is required of everyone applying for a job in this job category, regardless of disability.