Question1 - Pre- and Post-Offer Testing
Under what circumstances is it legal, advisable, or ethical to engage in the following practices?
- -Require pre-offer medical examinations of some applicants and not others
- -Require post-offer, preemployment medical examinations of some applicants and not others
- -Retain information generated by medical and preemployment testing in each applicant's general personnel file
Provide an example for each.
Question 2 - Physical Examinations After Employment
What about physical examinations after employment, to make sure that a person remains physically qualified to do the job? What does an employer have to show to be allowed to subject an employee to such an exam?
Consider the case of Epter v. New York City Transit Authority, 127 F.Supp. 384 (E.D.N.Y. 2001), https://www.leagle.com/decision/2001511127FSupp2d384_1472/EPTER%20v.%20NEW%20YORK%20CITY%20TRANSIT%20AUTHORITY,
where the court held that there was no significant proof that there was a danger to the public if station masters over 40 had a heart attack on the job.
What sort of jobs might be able to justify such a physical exam as a BFOQ?