Legal Question in Employment Law in Georgia
I have been told that I have to have a physical, however there were questions that I believe to be a bit personal and unrelated to my job. Such as do I have high blood preasure, diabeties, emotional problems and so forth. Is this legal?
Asked on 8/28/12, 4:49 pm
1 Answer from Attorneys
Michael Caldwell
DeLong, Caldwell, Bridgers & Fitzpatrick LLC
The answer to your question depends on whether you already are employed by the employer asking the questions. If it is a post employment physical exam that the employer administers to every new employee in your classification, the physical is lawful, and the questions the Doctor is asking are pretty standard ones. If you are an applicant to whom the employer has not yet offered a job, the questions are unlawful under the Americans with Disabilities Act (ADA).
Answered on 8/28/12, 9:09 pm