The rules at the second stage of employment completely change. After giving a legitimate job offer to an applicant but before the applicant begins to work, an employer may ask disability-related questions and conduct medical examinations, regardless of whether they are related to the job. EEOC Pre-Employment Guidance at page 18. The job offer may be conditioned on the results of post-offer disability related questions or medical examinations. Id.; 5 M.R.S.A. § 4572 (2) (C); MHRC Regulations section 3.08 (E) (3). At this stage, employers can ask about general physical and mental health, workers compensation history, prior sick leave usage, any illnesses or diseases or impairments, and whether the individual needs a reasonable accommodation to do the job. EEOC Pre-Employment Guidance at pages 18, 20.
Job Offer Must be Legitimate
Because employers may ask any disability-related questions or conduct medical examinations once a job offer is extended, it is important that the employer be able to prove that the job offer was legitimate. In general, a job offer is considered legitimate when the employer has reviewed all non-medical information which it reasonably could have obtained and analyzed prior to giving the offer. Id. at page 18.
Required Procedures at Post-Offer Stage
If an employer makes post-offer inquiries or conducts medical examinations, the employer must be sure to
- Subject all entering employees in the same job category to the examination or inquiry, regardless of disability;
- Keep medical information confidential.
Id.; 5 M.R.S.A. § 4572 (2) (C) (1); MHRC Regulations section 3.08 (E) (3).
Standard for Rejecting Applicant at Post-Offer Stage
If an employer screens out an individual based on disability-related inquiries or medical examinations, the employer must be able to show that "the exclusionary criteria are job-related and consistent with business necessity and cannot be met with reasonable accommodation." 42 U.S.C. § 12112(b)(6) (1994); 29 C.F.R. §§ 1630.10, 1630.14(b)(3), 1630.15(b) (1996); Miller v. City of Springfield, 146 F.3d 612 (8th Cir. 1998) (at post-offer stage, the plaintiff was denied a position as a police officer because of plaintiff's score on a psychological exam; the Court noted that "we could easily conclude that appropriate psychological screening is job-related and consistent with business necessity where the selection of individuals to train for the position of police officer is concerned").
While employers are allowed to screen individuals at the post-offer stage based on disability-related questions and medical exams, they still must notify individuals if they are adversely affected by the results of a post-offer medical examination or disability-related question. EEOC Pre-Employment Guidance at page 19. | 
