Medical Information And Inquiries Under The ADA

3/5/2026

Under the ADA, employers can only require medical information that is job-related and consistent with business necessity.   This is true of prospective employees applying for a position, existing employees who may have an issue relating to their present ability to perform an essential function, or of employees returning from a leave. Handling these returns often requires expertise in disability leave management to ensure all protocols are followed. With few exceptions, employers cannot ask "disability-related" questions, which are questions that are likely to elicit information about a disability. Employers can, however, inquire as to the ability of an employee to perform job-related (generally essential) functions.  Since this program covers compliance with ADA in conjunction with PWFA, FMLA and Workers' Compensation, our focus is on ADA requirements with existing employees rather than prospective employees in the hiring process.  Here are some examples of the types of questions that an employer may appropriately ask an employee returning to work after a leave due to medical reasons:

• Physical limitations that are job-related and essential-function-related
• When the employee can return to work
• Whether the employee can work a full shift
• Whether a condition will create an unsafe situation

Questions that should not be asked because they are likely to be considered discriminatory under the ADA:

• Physical limitations that are not job-related and essential-function-related
• If an illness or disease is in remission
• The likelihood of full recovery

When an employer receives medical information about an employee, either from the employee directly or from a medical provider, the information must be kept confidential, and the information must be stored separately from other personnel information.  Note: To comply with the Genetic Information Nondiscrimination Act, employers could include the language similar to the following in any request for medical information to determine the need for an accommodation:

"The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law.  To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. 'Genetic Information' as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services."

Related reading: Fitness-for-Duty Evaluations for Current Employees: When the ADA Allows Them | Return-to-Work Meeting Checklist: Questions HR Can and Can't Ask