Those questions should not address the nature of the underlying impairment, its cause or the prognosis. In those situations, the interviewer should tell applicants that physical and mental impairments are relevant only if they would interfere with their ability to perform the essential functions of the job. The interviewer should then ask applicants whether they can perform those essential functions. Afterward, the interviewer should document that the applicants volunteered the information. To be safe, the HR department should keep the documentation in separate interviewing files.
Some employers opt for physical examinations rather than verbal inquiries about applicants' fitness.
Although an employer has a fair amount of legal latitude with such tests, their usefulness is often minimal. The EEOC's Technical Assistance Manual on the ADA states that, after making a conditional offer of employment, employers may make unrestricted medical inquiries, including medical examinations. Accordingly, preemployment physical examinations should be limited to physical and mental conditions relating to the ability to perform essential job functions. More comprehensive, uniform examinations of all applicants are not recommended, since they provide information that is useless to employers but potentially useful to plaintiffs' lawyers. Employers who follow this advice should develop job descriptions or videos that illustrate the essential functions of each job.