Can an employer request a medical assessment of an employee's fitness for work?

In Washington, an employer may request a medical assessment of an employee’s fitness for work under certain circumstances. According to the Washington State Human Rights Commission, employers must demonstrate that medical assessments are “job related and consistent with business necessity” and that the assessment is “not intended to discriminate against individuals on the basis of disability,” before they can request a medical assessment. If an employer requests a medical assessment, they must make the request in writing and with clear instructions. For example, they must provide the employee with a written description of the medical assessment and why it is necessary. The employer must also ensure that the employee has the opportunity to obtain a second opinion from a physician of their choosing. Additionally, the employee must be given the opportunity to submit a written explanation of any medical conditions that may affect their ability to perform the job. Employers should also be aware of Washington state laws prohibiting medical inquiries before a job offer is made. For example, employers are prohibited from making insurance-related inquiries before offering an employee a job. They are also prohibited from requiring medical examinations or asking questions about an employee’s medical history prior to making a job offer. In sum, an employer in Washington may request a medical assessment of an employee’s fitness for work, as long as they follow the appropriate state laws and regulations. However, employers should be mindful of the restrictions regarding medical inquiries before a job offer.

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Can an employer request a medical assessment of an employee's fitness for work?

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