Privacy Law Library

Americans with Disabilities Act, Title I medical examination and inquiry confidentiality provisions

ADA medical confidentiality

Employees · Health

The ADA limits when employers may ask disability-related questions or require medical exams: none before a job offer, post-offer exams if required of all entering employees, and job-related, business-necessary exams for current employees. Medical information obtained must be kept in separate, confidential medical files.

Where
Federal
Citation
42 U.S.C. 12112(d); 29 CFR 1630.13-1630.14
Status
In force
In force since
1992-07-26
Last amended
2009-01-01
Enforced by
Equal Employment Opportunity Commission; private plaintiffs after an EEOC charge
People can sue
Yes
Penalties
Title VII remedies apply (back pay, reinstatement, compensatory and punitive damages subject to caps, and fees).
Applies to
  • Employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management committees

Practices it requires

  • Do not conduct medical exams or ask about disabilities before a conditional job offer; inquiries about ability to perform job functions are allowed.42 U.S.C. 12112(d)(2)
  • Post-offer medical exams are allowed only if all entering employees in the job category are examined.42 U.S.C. 12112(d)(3)(A)
  • Exams and disability inquiries of current employees must be job-related and consistent with business necessity.42 U.S.C. 12112(d)(4)(A)

Security duties

  • Collect and keep medical information on separate forms and in separate medical files, treated as a confidential medical record with limited disclosure.42 U.S.C. 12112(d)(3)(B), (d)(4)(C); 29 CFR 1630.14

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: last_amended uses the ADA Amendments Act of 2008 effective date (Jan. 1, 2009); 29 CFR Part 1630 shows a 2024-07-05 version date whose content was not reviewed | 12112(d)(4) paragraph wording not re-read

Research reference, not legal advice.