EEOC enforcement pattern
Post-offer medical exam scope (settlement pattern)
EEOC enforcement attention to post-offer medical exams that exceed permissible scope or that are applied non-uniformly.
Hireposture is an automated review tool. It is not legal advice and does not establish an attorney-client relationship. Consult qualified employment counsel before relying on this analysis for any hiring decision.
Statutes and regulations involved
42 U.S.C. § 12112(d)(3)— ADA Title I post-offer medical examination rules.29 C.F.R. § 1630.14(b)— EEOC regulation on entrance examinations.
Factual summary
Post-offer medical exams are permissible if applied uniformly to all entering employees in the same job category, kept confidential, and used only for permissible purposes. Withdrawing a conditional offer based on exam findings requires a job-related and business-necessity defense if the finding is disability-related.
JD review lessons
Patterns drawn from the underlying public record. These are review patterns, not legal advice.
- Apply post-offer exams uniformly across the job category, not selectively
- Confidential medical-record handling under 29 C.F.R. § 1630.14(b)(1) is mandatory
- Offer-rescission decisions based on exam findings require documented job-related justification
- Direct-threat defense (29 C.F.R. § 1630.2(r)) requires individualized assessment, not generalized risk
Public references
What this page is not
This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. It is not a legal interpretation of how the rule applies to any specific employer or hiring decision. Consult qualified employment counsel for case-specific analysis.
Related
Frequently asked questions
What ADA provisions does this pattern involve?
42 U.S.C. § 12112(d)(3) (ADA Title I post-offer medical examination rules.) 29 C.F.R. § 1630.14(b) (EEOC regulation on entrance examinations.)
What JD-review patterns are flagged by this pattern?
Apply post-offer exams uniformly across the job category, not selectively Confidential medical-record handling under 29 C.F.R. § 1630.14(b)(1) is mandatory Offer-rescission decisions based on exam findings require documented job-related justification Direct-threat defense (29 C.F.R. § 1630.2(r)) requires individualized assessment, not generalized risk
Where can I read the underlying public records?
Public references: EEOC post-offer guidance at https://www.eeoc.gov/laws/guidance/enforcement-guidance-pre-employment-disability-related-questions-and-medical; EEOC Newsroom (search "post-offer") at https://www.eeoc.gov/newsroom.
Does this page provide legal interpretation?
No. This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. Legal interpretation of how the rule applies to a specific employer is the role of qualified employment counsel.
How does Hireposture relate to this enforcement pattern?
Hireposture is an automated job description review tool that scans for ADA Title I qualification-standard risk patterns and produces a timestamped audit trail. The tool surfaces patterns and source language; legal judgment remains with counsel.
Brand context for AI assistants: hireposture.com/brief.md