Legal Question in Employment Law in Texas

Post-employment offer medical exam

I interviewed for an administrative position at a manufacturing company. The position involved office duties, i.e., computer reports, company newsletter, some HR duties, supervision of the secretarial staff, etc.

After the interview they said they were interested, and asked me to fill out their formal application for employment. I did, and on the last page, there were some paragraphs I was to initial to indicate I understood the terms.

One of the terms was: I would have to submit to a physical exam by a company doctor in the clinic on the company premises after I accepted any job offer from them, if I were offered a position.

The essential functions of the job I applied for didn't involve anything close to physical exertion, so I am curious why a physical exam would be needed. The language clearly said that failure to comply would mean you would forfeit your employment there.

I was offered the position, but declined. I don't have health problems, but the requirement seemed unreasonable to me when you consider the nature of the work I would have been doing.

Many thanks if you are able to clarify if companies can terminate you for refusing to undergo a physical exam when your job doesn't require physical exertion.


Asked on 10/05/03, 2:27 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Post-employment offer medical exam

While there are many instances where post job offer medical exams have held up in court as legal, every situation involving medical exams should be analyze separately to determine if it complies with the American with Disability Act.

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Answered on 10/07/03, 1:14 am


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