1.(a) According to a statement published by the U.S. Equal Employment Opportunity Commission online, pre-offer pre-employment medical examinations are prohibited under federal law. A medical examination can be required after a conditional offer of employment is made to an applicant being considered for a position. Any medical examination must be nondiscriminatory in that all applicants or no applicants in a given job category must be required to submit to such an examination.
According to the EEOC, requiring medical examinations for only those applicants that an employer believes might be incapable of performing the job is a violation of the law (EEOC Notice, 1995).
(b) According to an essay written by Jacques Chambers and published online by the Hepatitis C Support Project, employers trying to select qualified candidates are sometimes confused about the legality of pre-employment medical tests. An employer may not require applicants to take a pre-employment medical examination until a job offer has been made. The employer may then make the job offered conditional upon receipt of a satisfactory result of the medical examination, but only if this examination is required of all employees in the same job category.
A conditional job offer may only be withdrawn for medical reasons if the reason is job-related and there is no reasonable accommodation that would permit the applicant to perform the essential job functions (Chambers, 2004).
(c) According to an essay by Victoria L. Donati published by Professional Roofing online, the results of medical examinations and information about any disability must be kept confidential and maintained in separate medical files. Also, all test results and related documentation must be maintained for a period of at least one year from the date the personnel decision is made or, if the individual was hired, one year from the employee's termination date. Donati adds that if an applicant is no...