ADMINISTRATIVE POLICY
Talent Acquisition
Policy Statement
The University requires that applicants for certain positions to whom a conditional job offer has been extended undergo a physical examination. All examinations and tests are conducted on a nondiscriminatory basis and in conformance with requirements of the Americans with Disabilities Act and other federal, state, and local laws guaranteeing equal employment opportunities to individuals with disabilities and members of other protected groups.
Purpose and Scope
The purpose of this policy is to describe the guidelines regarding when the university may require physical examinations as a condition of employment.
Applicability of this Policy
Physical examinations are mandatory only for those jobs that require specific physical abilities or fitness levels to perform.
Contacts
Definitions
Pre-employment: the period of time after the acceptance of a verbal offer of employment and before fulfillment of all conditions are successfully met by the candidate.
Conditional offer of employment: a job offer that is contingent upon the fulfillment of certain conditions by the candidate. These conditions may include passing a background check, drug test, medical examination, or other requirements specified by the employer. The offer may state that the candidate will be hired if they meet all the conditions within a specified timeframe.
Essential functions: the fundamental duties and responsibilities that are necessary to perform a particular job. These functions are typically outlined in a job description and are considered essential because they are crucial to the job's success and cannot be easily reassigned or eliminated.
Americans with Disabilities Act: The Americans with Disabilities Act (ADA) is a federal law in the United States that prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, telecommunications, and state and local government services. The ADA was signed into law in 1990 and has since been amended several times.
Disability: a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, or working.
Policy and Procedures
The University requires that applicants for certain positions to whom a conditional job offer has been extended undergo a physical examination. All examinations and tests are conducted on a nondiscriminatory basis and in conformance with requirements of the Americans with Disabilities Act and other federal, state, and local laws guaranteeing equal employment opportunities to individuals with disabilities and members of other protected groups.
The University retains the right to revoke conditional offers of employment when the physical examination indicates that an applicant cannot safely perform the job, even with reasonable accommodation.
The University takes all necessary steps to safeguard the confidentiality of all medical information, including physical examination and test results. Any records containing medical information about job candidates shall be maintained by the Office of Human Resources and Institutional Equity in secure files separate from the University’s general personnel files. Access to medical information in these separate files is restricted to individuals with a valid and documented need to know.
All new hires who must undergo a physical examination are asked to sign forms consenting to the release to Tulane of all medical information from the examination that is relevant in determining fitness or ability to perform essential functions of the job.
Consequence of Violating the Policy
Violation of this policy may result in disciplinary action, up to and including termination. For consequences of violating the policy refer to the Faculty and Staff handbooks found at policy.tulane.edu.
