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Physical Agility / Ability Tests

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Beth3

Senior Member
Medical physicals are required to be performed post-offer by the ADA and I definitely think an argument can readily be made that what you refer to falls under the pervue of the ADA as it certainly would be a way of detecting whether anyone has a disablity so in my opinion yes, these must be conducted post-offer. If I needed to know for certain, I'd contact an employment law attorney or give the EEOC a call.
 

BelizeBreeze

Senior Member
Beth3 said:
Medical physicals are required to be performed post-offer by the ADA and I definitely think an argument can readily be made that what you refer to falls under the pervue of the ADA as it certainly would be a way of detecting whether anyone has a disablity so in my opinion yes, these must be conducted post-offer. If I needed to know for certain, I'd contact an employment law attorney or give the EEOC a call.
should the question be asked for what type of position this poster is applying???? ;)
 

HazelBazel

Junior Member
Yes this is homework assignment, but my work is already finished and I am seeking supplemental information. Is there something wrong with asking legal questions of people who are supposedly experts in the fields? Isn't that a type of research?

By the way I called the EEOC. They said you can do pre-employment physical agility tests prior to an offer of employment ONLY if it is a BFOQ and specifically job related.
 

pattytx

Senior Member
Hazel, because this forum is intended to assist posters with ADVICE on their personal employment-related issues, not for homework assistance or any other "just because" situations. I am starting to be able to smell these homework/presentations/class projects a mile away. :(
 

cbg

I'm a Northern Girl
It's also a matter of personal preference. Some people don't mind answering homework questions and that's up to them.

I, however, prefer not to do so for a couple of reasons. First, I'm considered to be pretty expert at state employment laws but I still don't know all of them off the top of my head. Fifty states is a lot of employment law to have at your fingertips. I have to look up the law for a lot of situations. Since this is your homework assignment, not mine, I don't see why I should do your research for you. I have no way of knowing if you have actually looked it up for yourself and are just looking for confirmation, or if you're just looking for a shortcut. I don't have enough time to look for shortcuts for you.

Secondly, as a former teacher, I think that you get more out of the assignment by finding the information yourself. I will sometimes direct a "homework" problem to an appropriate website, but leave you to do the actual research yourself, but that's as far as I will go.
 

BelizeBreeze

Senior Member
HazelBazel said:
Yes this is homework assignment, but my work is already finished and I am seeking supplemental information. Is there something wrong with asking legal questions of people who are supposedly experts in the fields? Isn't that a type of research?

By the way I called the EEOC. They said you can do pre-employment physical agility tests prior to an offer of employment ONLY if it is a BFOQ and specifically job related.
And by the way, because you lied when you first came here and presented yourself as needing help instead of being upfront and honest, try getting any further help from this site.

It ain't gonna happen.
 

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