The American with Disabilities Act (ADA) allows employers to conduct medical examinations, or request medical records, if the request is "job related and consistent with business necessity." 42 U.S.C. §12112(d)(4)(A).

If there is a question concerning the employee's ability to perform a job, due to mental or physical conditions, an employer may demand medical clarification to clarify the employee's capabilities. Even though the requesting of medical information or scheduling an exam in and of itself does not "create" an ADA claim, the use of exam results is still subject to the prohibition on discrimination.

An employer would "create" an ADA claim, if the results were used in a way which suggested the employer perceived the employee as disabled, and changed the terms and conditions of employment, accordingly. If the exam suggests an employee is not capable of performing the job duties, accommodations may or may not be required - - in other words, a medical record which concludes an employee cannot mentally or physically do a job does not automatically qualify an employee for ADA protection. An employer is best protected by going through an ADA analysis at this point, if there is any concern over ADA exposure or liability.

Any medical records or exams conducted under this section of the ADA must be protected as confidential medical information of the employee's, and maintained in a separate medical file, rather than part of the regular personnel records. Just as with any medical information, supervisors and managers, and safety personnel, may be informed regarding necessary restrictions or accommodations affecting the employee's ability to perform the work duties.