Can we ask staff if they’re taking any medicines that will impair their skills to do their job?

Usually, no. The People with Disabilities Act restricts employers from asking medical questions of staff and protects the privateness of medical info. Asking about prescription medicines would fall into the class of a medical-related inquiry and may solely be executed if job associated and in line with enterprise necessity. For such an inquiry to be job associated and in line with enterprise necessity, you could have an inexpensive perception, primarily based on goal proof, that an worker’s potential to carry out important job capabilities shall be impaired by a medical situation or that an worker will pose a direct risk to worker or public security due to a medical situation. A direct risk is a big danger of considerable hurt that can not be eradicated or lowered by affordable lodging.

For instance, an automotive restore facility might require mechanics to report when they’re taking medicines that will have an effect on their potential to function heavy equipment safely. Nonetheless, they’d not be capable of require administrative staff to do the identical.

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