
Federal and state laws and the EEOC allow employers to test employees. The ADA expressly permits an employer to conduct a post-hire medical exam and to condition the job offer on the employee passing the exam, provided:
(1) it gives all entering employees in the same job classification the same examination
(2) it places information regarding the medical history in a separate, confidential file
(3) it does not use the medical information to discriminate against the new hire.