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I have been offered a job in the United States subject to passing

a pre-employment medical / physical...
I have been offered a job in the United States subject to passing a pre-employment medical / physical. I currently live in South Africa (have green card - all legal!). The physical requires a full gynaecological exam and mammogram in addition to the usual ecg, drug test etc. I do not have choice on the physician or medical organisation as the prospective employer has arranged everything through an international medical service provider. I don't see how these invasive examinations have anything to do with my ability to carry out my employment. What are my rights regarding this?
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Answered in 2 hours by:
4/25/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,999
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under US law, an employer has a right to conduct such physical examinations, BUT under the Americans with Disabilities Act cannot deny employment to anyone based on their disability if one is discovered on the pre-employment examination. If the employer denies you employment based on the results of the examination, you have a right to file a complaint in the US with the EEOC for discrimination under the ADA. However, legally the US laws state someone with an offer of employment may be subjected to a physical examination such as the one you are being sent to and while the examination may or may not have anything to do with your job abilities, it can be used for employer benefits and determining whether or not an employee will be able to carry out their job to the end of their contract.



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Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,999
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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