(a) Pre-employment examination or inquiry. Except as permitted by § 1630.14, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of such disability.
(b) Examination or inquiry of employees. Except as permitted by § 1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability or as to the nature or severity of such disability.
authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended
source: 56 FR 35734, July 26, 1991, unless otherwise noted.
cite as: 29 CFR 1630.13