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Under the ADA, prior to making a conditional offer of employment, an employer is prohibited from requiring applicants submit to medical exams.- The offer is "conditional" upon satisfactory results from a medical exam.Medical exams following conditional offers of employment are unrestricted in scope and many inquire into physical and mental health of applicants which are NOT job related. Drug tests searching for illegal substances are NOT medical exams.- But testing for prescription drugs taken for medical conditions that might be disabling IS a medical exam. - EEOC considers routine access to these types of drug tests as defeating the purpose of ADA.
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