What does “job-related and consistent with business necessity” mean?
The EEOC takes the position that a disability-related inquiry or medical exam of an employee may be “job-related and consistent with business necessity” when an employer has a reasonable belief, based on objective evidence, that: (1) an employee’s ability to do essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat due to a medical condition. This standard may be met if an employer knows about a particular employee’s medical condition, has observed performance problems, and can reasonably attribute the problems to the medical condition. The standard may also be met when the employer has been given reliable information by a credible third party that the person has a medical condition or the employer has observed symptoms that indicate the person may have a medical condition that will impair the ability to do essential functions or will pose a direct threat. Example: A fork lift driver’s job is to transport and stack pallets weighing
