Kristin L. Aiello, Esq. Disability Rights Center 24 Stone Street, P. O. Box 2007 Augusta, Maine 04338-2007 (207) 626 2774 v/tty (207) 621 1419 (fax) kaiello@drcme.org
What can prospective and present employers ask about disability and when can they ask it? Can prospective and present employers conduct medical examinations of applicants and employees? If so, when? Title I of the Americans with Disabilities Act (the "ADA") and the Maine Human Rights Act ("MHRA") limit an employer's ability to ask questions related to disability and conduct medical examination at three stages, including (1) pre-offer, (2) post offer and (3) during employment. The following materials address permissible and impermissible questions and examinations related to these three stages of employment.
The MHRC and ADA: What and Can Employers Ask about Disability? in MS Word © format |