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Phillips Grant S. Gibeau  \nFelhaber Larson Minneapolis  \n* Nothing in this outline is to be construed as legal advice.  \nEmployment Law Institute – May 2017  \nMinnesota CLE’s Copyright Policy  \nMinnesota Continuing Legal Education wants practitioners to make the best use of these written materials but must also protect its copyright. If you wish to copy and use our CLE materials, you must first obtain permission from Minnesota CLE. Call us at 800-759-8840 or 651-227-8266 for more information. If you have any questions about our policy or want permission to make copies, do not hesitate to contact Minnesota CLE.  \nAll authorized copies must reflect Minnesota CLE’s notice of copyright.  \nMINNESOTA CLE is Self-Supporting  \nA not for profit 501(c)3 corporation, Minnesota CLE is entirely self-supporting. It receives no subsidy from State Bar dues or from anyother source. The only source of support is revenue from enrollment fees that registrants pay to attend Minnesota CLE programs and from amounts paid for Minnesota CLE books, supplements and digital products.  \n© Copyright 2017  \nMINNESOTA CONTINUING LEGAL EDUCATION, INC.  \nALL RIGHTS RESERVED  \nMinnesota Continuing Legal Education's publications and programs are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Publications are distributed and oral programs presented with the understanding that Minnesota CLE does not render any legal, accounting or other professional advice. Attorneys using Minnesota CLE publications or orally conveyed information in dealing with a specific client's or other legal matter should also research original and fully quoted sources of authority.  \nTABLE OF CONTENTS  \nI. Introduction ....................................................................................................................... 1  \nII. General Requirements of the Americans with Disabilities Act .................................... 1  \nIII. Defining Terms-Disability Related Inquiries and Medical Examinations................. 2  \nA. What is a Disability Related Inquiry? ....................................................................... 2  \n1. Examples of Questions that Constitute Disability Related Inquiries.......... 2  \n2. Examples of Specific Questions that are not Disability Related Inquiries . 3  \n3. Voluntary Disclosures by an Employee are Permissible ............................ 3  \n4. Disability Related Inquiries Involving Third Parties are also Prohibited ... 3  \nB. What is a Medical Examination? .............................................................................. 4  \n1. EEOC Guidance on the Definition of a “Medical Examination.”.............. 4  \nIV. Examinations and Disability Related Inquiries at Each Employment Stage .............. 5  \nA. Pre-Offer Testing/Inquiries Are Prohibited............................................................... 5  \n1. Promotions and Transfers of Current Employees to New Positions........... 5  \n2. Specific Types of Common Pre-Offer Tests............................................... 6  \nB. Post-Offer Testing ..................................................................................................... 7  \n1. Special Concerns Under the Minnesota Human Rights Act ....................... 8  \n2. Inquiries or Testing Regarding Genetic Information at the Post-offer Stage Under the GINA.......................................................................................... 8  \nC. Testing of Current Employees................................................................................... 8  \nV. Defining Terms-Job-Related and Consistent with Business Necessity ...................... 9  \nA. Defining Terms: “Essential Functions”..................................................................... 9  \nB. Specifi","cbCaikwhaXk8vuah","https://ap.wps.com/l/cbCaikwhaXk8vuah","pdf",143448,29,"English","# Table of Contents\n## Introduction\n## General Requirements of the Americans with Disabilities Act\n## Defining Terms-Disability Related Inquiries and Medical Examinations\n## Examinations and Disability Related Inquiries at Each Employment Stage\n## Defining Terms-Job-Related and Consistent with Business Necessity\n## Testing to Eliminate A Direct Threat\n## Prophylactic Examinations\n## Testing and Employee for Drug/Alcohol Use","[{\"question\":\"What counts as a disability-related inquiry, and what are examples of permissible inquiries?\",\"answer\":\"The materials define disability-related inquiries and list examples of questions that constitute such inquiries. They also address situations where voluntary disclosures by an employee are permissible, and note that certain third-party related inquiries are also prohibited.\"},{\"question\":\"How does the outline define a “medical examination,” and where does the guidance come from?\",\"answer\":\"It defines a “medical examination” and includes EEOC guidance on that definition, presented as the controlling framework for evaluating when an employer’s action is treated as a medical exam.\"},{\"question\":\"When can employers conduct testing for a direct threat, and what proof standard is discussed?\",\"answer\":\"The outline defines “direct threat” and explains the burden of proof regarding whether a direct threat exists, including a circuit split that affects how the issue is analyzed.\"}]","SESSION 203 - When Can the Employer Seek a Medical Exam or an Exam for Fitness for Duty | PDF",73]