The U.S. Equal Employment Opportunity Commission has issued an enforcement guidance on pre-employment medical inquiries, which addresses this matter directly. If the employer rejects the applicant after a disability-related question or medical examination, investigators will closely scrutinize whether the rejection was based on the results of that question or examination. As for your second question, unless the questions are carefully tailored to job requirements, they are probably unlawful. While the courts, and not EEOC, have the final word on interpreting the ADA, it is worth checking the agency's position . For more information about ADA related subjects, please have a look at our ADA FAQ's page .
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