While employees generally have to show that they have a disability (or had a disability, or are regarded as having a disability or are associated with an individual with a disability) to receive the ADA’s protections, that’s not the case when an employee is challenging a medical inquiry, according to the U.S. Equal Employment Opportunity Commission. The judge in Lewis agreed: “It makes little sense to require an employee to demonstrate that he has a disability to prevent his employer from inquiring as to whether or not he has a disability,” the order says, quoting an appeals court opinion.
And as for disability-related inquiries or medical examinations, the ADA has strict rules for each stage of employment, according to the EEOC’s Enforcement Guidance: Disability-Related Inquiries And Medical Examinations Of Employees Under The Americans With Disabilities Act: