Pre-Employment Medical Exam Laws in Michigan

The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) strictly governs pre-employment medical exams and inquiries. Under Title I of the ADA, employers covered by the statute (15 or more employees) cannot require medical exams or ask disability-related questions before making a conditional job offer. The statute defines a conditional job offer as an offer contingent on satisfactory results of a medical exam or other selection procedure.

Once a conditional offer is extended, employers may require medical exams if: (1) all applicants for the same job category are required to undergo the exam; (2) the exam is job-related and consistent with business necessity; and (3) the employer maintains the results as confidential medical records separate from personnel files. The EEOC enforces the ADA and has issued detailed guidance at 29 CFR Part 1630 clarifying that pre-employment inquiries cannot be designed to elicit information about disabilities.

Federal law also protects employees from discrimination based on the results of lawful post-offer exams. If an exam reveals a disability, the employer cannot withdraw the offer unless the disability makes it impossible for the employee to perform essential job functions even with reasonable accommodations. Remedies under the ADA include back pay, front pay, compensatory damages for emotional distress, and attorney fees. The EEOC investigates ADA violations and issues right-to-sue letters.

Michigan law provides protections at least as strong as the federal ADA. The Michigan Persons with Disabilities Civil Rights Act (M.C.L. § 37.1101 et seq.) applies to employers with one or more employees, covering a broader universe of employers than the federal 15-employee threshold. This means small Michigan employers with fewer than 15 employees still cannot require pre-employment medical exams.

Michigan's Elliott-Larsen Civil Rights Act (M.C.L. § 37.2101 et seq.) further prohibits employment discrimination and establishes that medical information must be treated as confidential. Michigan courts have interpreted these statutes to provide robust disability discrimination protections aligned with or exceeding federal standards. Like federal law, Michigan allows post-offer conditional medical exams if they are applied uniformly to all applicants for the same job category and results are kept confidential in separate medical files.

Michigan's protections are notably broader in employer coverage: while the federal ADA applies only to employers with 15 or more employees, Michigan's PWDCRA covers all employers including sole proprietorships and small businesses. Additionally, Michigan law has been interpreted to protect applicants and employees from retaliation for refusing illegal medical exams or inquiries, with the burden shifting to the employer to justify the exam's legality.

Under Michigan law, if an employer violates pre-employment medical exam restrictions, employees may file a charge with the Michigan Department of Civil Rights (MDCR), which investigates complaints and can seek remedies including reinstatement, back pay, front pay, compensatory damages, punitive damages in some cases, and attorney fees. Michigan does not have a cap on compensatory damages in disability discrimination cases, unlike some federal limitations.

The primary exception to Michigan's pre-employment medical exam prohibition applies only after a conditional job offer has been extended. Employers may then require medical exams if applied uniformly to all job applicants in the same category, provided the exam is job-related and consistent with business necessity. For example, if an employer requires all warehouse positions to pass a lifting capacity test as a post-offer conditional exam, this would be permissible.

Another exception involves certain regulated industries where federal law mandates specific medical exams. Transportation workers in safety-sensitive positions (such as those regulated by the U.S. Department of Transportation) may be required to undergo federally-mandated medical certifications. Similarly, occupations regulated by state licensing boards (pilots, healthcare professionals, law enforcement) may have legitimate medical requirements tied to public safety or professional licensing standards, though these must still be job-related and not used as a pretext for disability discrimination.

Employers are not prohibited from asking general questions about an applicant's ability to perform essential job functions without reasonable accommodations, provided the questions do not target or elicit information about disabilities. For instance, asking "Can you lift 50 pounds regularly?" is permissible if it is essential to the job; asking "Do you have any back injuries or disabilities?" is not. At-will employment doctrine remains intact; employees can be terminated for legitimate, non-discriminatory reasons after hire.

Michigan law does not protect applicants who cannot legitimately perform essential job functions even with reasonable accommodations, though the employer bears the burden of proving this. Union collective bargaining agreements may include specific medical exam provisions, but these cannot contradict the baseline prohibition on pre-offer exams. Independent contractors are not covered by Michigan employment discrimination law, though misclassification is subject to scrutiny.

Step 1 — Document the violation: Request copies of all communications from the employer regarding medical exams or health inquiries (emails, job postings, application forms, interview notes). Record dates and times when the employer asked about your medical history, disabilities, past injuries, medications, or required you to undergo medical testing before receiving a conditional job offer. Keep written notes of exactly what was asked, who asked it, and any witnesses present. Preserve screenshots of online applications asking medical questions and save any rejection letters that reference medical reasons before a conditional offer was made.

Step 2 — Attempt internal resolution (optional but recommended): Send a written email to the employer's HR department or hiring manager documenting the illegal pre-employment medical exam or inquiry. State clearly: "I was asked [specific medical question] or required to undergo [medical exam] before receiving a conditional job offer, which violates the ADA and Michigan law. I request that this practice stop and confirmation that my application will be reviewed based on qualifications only." Keep a copy of this email. This creates evidence of your objection and gives the employer notice. If the employer corrects the problem and you receive a lawful offer, document this resolution. If the employer retaliates (withdraws the offer, terminates employment, or removes you from consideration), this retaliation itself is illegal.

Step 3 — File with the Michigan Department of Civil Rights (MDCR): Contact the MDCR at www.michigan.gov/mdcr or call 1-800-482-3604. Request a charge form for disability discrimination in employment (Form #DCP-100). You may file by mail at: Michigan Department of Civil Rights, 110 W. Michigan Ave., Suite 800, Lansing, MI 48933. Include: (1) your name, address, phone, and email; (2) the employer's name, address, and size; (3) the date the illegal exam/inquiry occurred; (4) detailed description of what was requested or required; (5) job title applied for; (6) outcome (offer withdrawn, terminated, or removed from consideration); (7) names of witnesses or other applicants subjected to the same practice. There is no filing deadline under Michigan law; charges can be filed at any time. MDCR will send the charge to the employer for a response.

Step 4 — Parallel federal filing (recommended): You may also file with the EEOC within 300 days of the violation. Use the EEOC's online filing system at www.eeoc.gov/filing-charge or visit a local EEOC office. Michigan's MDCR has a work-sharing agreement with the EEOC, so filing with MDCR automatically triggers federal investigation. Include the same information: employer details, date of violation, description of medical exam/inquiry, job applied for, and outcome. The EEOC will investigate and issue a right-to-sue letter if no settlement is reached.

Step 5 — Investigation and settlement: MDCR will investigate your charge, which typically takes 30-60 days. The agency will request documents from the employer and may interview witnesses. If the employer's hiring records show a pattern of pre-offer medical exams applied to multiple applicants, this strengthens your case. Be prepared to provide additional documentation if requested. If MDCR finds probable cause of discrimination, both parties may be invited to mediation. Settlement offers typically include compensation for lost wages if you lost the job opportunity, damages for emotional distress, and commitments to cease the illegal practice. If no settlement is reached, MDCR may pursue administrative enforcement or issue a right-to-sue letter.

Step 6 — Consult an employment attorney: Contact a Michigan employment law attorney as soon as you detect a potential violation. Many offer free initial consultations. An attorney can help you evaluate whether the medical exam/inquiry was truly illegal (some employer questions about essential functions are permissible) and calculate potential damages. If you lost a job opportunity, damages may include the difference in salary between your new job and the job you would have earned, as well as compensatory damages for emotional distress and punitive damages if the violation was willful. Attorney fees are recoverable in successful cases under Michigan law. Look for attorneys experienced in ADA and disability discrimination cases.