Ill. Admin. Code tit. 56, § 2500.60 - Pre-Employment Inquiries and Examinations
a) Inquiries - An employer, employment agency
or labor organization may not require a job applicant to list or disclose all
disabling conditions that the applicant is exhibiting. However, it is not a
violation of the Act for an employer, employment agency or labor organization
to inquire, uniformly of all applicants for employment, referral or admission
to an apprenticeship or other training program, whether they have physical or
mental disabilities that may impair their abilities to acceptably perform the
required duties or to successfully complete the apprenticeship or training
programs.
b) Examinations - An
employer, employment agency or labor organization may require all applicants
who have been found otherwise qualified for selection to submit to
pre-employment physical or psychological examinations for the purpose of
determining whether applicants are capable of acceptably performing the
activities necessary to the job or training at issue. Examinations may also be
utilized to ascertain the nature of any accommodation needed to enable the
applicant to perform acceptably, but not to disqualify applicants who are
revealed as having a condition or characteristic presenting a risk of future
injury. Pre-employment physical or psychological examinations may be conducted
prior to the stage at which applicants are evaluated as otherwise fully
qualified if the practice is followed consistently with all applicants, and if
it can be demonstrated that each subsequent evaluative procedure is more
expensive or burdensome than the physical or psychological examination. In all
events, however, the results of any pre-employment examination must be made
available to the applicant, upon request.
Notes
Amended at 33 Ill. Reg. 3506, effective February 5, 2009
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