Pre-Employment Medical Exam Laws in Washington

The Americans with Disabilities Act (ADA), codified at 42 U.S.C. § 12112, is the primary federal law governing pre-employment medical exams. Under ADA Section 101(a), covered employers cannot require medical exams or make disability-related inquiries before making a job offer to an applicant. This applies to any test or procedure that attempts to identify a disability or underlying physical or mental condition, regardless of whether it is labeled a 'medical exam.' Once a conditional job offer is made, Section 101(d) permits employers to require medical exams, but only if: (1) all applicants for the same job category receive the same exam; (2) the exam is job-related and consistent with business necessity; and (3) the results are kept confidential in a separate medical file.

The Equal Employment Opportunity Commission (EEOC) enforces the ADA. Employers covered by the ADA include private employers with 15 or more employees, state and local governments, employment agencies, labor unions, and joint apprenticeship programs. Under the ADA, an employer may only withdraw a job offer based on medical exam results if the applicant cannot perform the essential functions of the job even with reasonable accommodations. The ADA also prohibits retaliation against applicants or employees who assert their ADA rights.

Washington State enforces pre-employment medical exam requirements consistent with federal ADA law but adds its own protections through the Washington Law Against Discrimination (WLAD), codified at RCW 49.60.180. Washington's coverage is broader than the ADA: Washington State law applies to employers with 8 or more employees (compared to the ADA's 15-employee threshold), extending protections to smaller employers. Like the ADA, Washington law prohibits pre-offer medical exams and disability-related inquiries.

Washington law also incorporates additional privacy protections. Under RCW 49.60.180(2), employers must ensure that any medical information obtained from applicants or employees is treated as confidential. Washington's Department of Labor & Industries interprets this to require that medical records be maintained in a secure, separate file from the applicant's general personnel records, and that access to medical information be strictly limited to supervisory and medical personnel on a need-to-know basis.

Washington goes further by prohibiting discrimination based on any protected status, including disability, and requires employers to consider reasonable accommodations before making employment decisions based on medical information. If an applicant challenges the requirement of a pre-employment medical exam in Washington, the employer bears the burden of proving that the exam was job-related, consistent with business necessity, and non-discriminatory. Additionally, Washington courts have held that employers cannot require medical exams that are more extensive than necessary to evaluate job-related qualifications. Remedies under Washington law include damages for lost wages, emotional distress, and civil penalties enforced by the Washington Human Rights Commission.

The primary exception to Washington's pre-employment medical exam restrictions applies after a conditional job offer has been made. Once an offer contingent on passing a medical exam is extended, the employer may require the exam if it is job-related and consistent with business necessity. However, Washington courts strictly interpret 'job-related' and 'business necessity' — the exam must directly assess ability to perform essential job functions, not general health or unrelated conditions.

A second exception involves certain safety-sensitive positions. Employers in industries where safety is paramount (e.g., commercial driving, aviation, hazardous materials handling) may have legitimate business reasons for requiring certain medical exams after an offer, provided the exams directly relate to job safety. However, even in these cases, Washington law requires individualized assessment and cannot allow blanket exclusions based on disability or medical status.

An important limitation applies to drug screening: pre-employment drug tests are not considered 'medical exams' under the ADA if they screen only for drug use (not medical conditions), so employers may conduct drug tests before an offer. However, if the test reveals a medical condition or disability, it becomes medical information subject to ADA and Washington confidentiality protections.

Washington also recognizes an exception for bona fide occupational qualifications (BFOQs), but this exception is narrowly construed. An employer cannot use a BFOQ to avoid the pre-offer medical exam prohibition unless the medical condition directly and substantially prevents the applicant from performing the essential functions of the specific job, and no reasonable accommodation exists. At-will employment does not override these protections — an employer cannot circumvent pre-employment medical exam rules by claiming at-will hiring authority.

Step 1: Document the Pre-Employment Medical Exam Requirement. If your prospective employer requires a medical exam before extending a job offer, immediately document: (1) the date the requirement was communicated; (2) how it was communicated (email, phone, in writing); (3) the exact language used; (4) who communicated it; (5) whether other applicants were also required to undergo exams. Keep copies of any written communications, job postings, or emails mentioning the exam. If an exam was already conducted, obtain a copy of any results or documentation.

Step 2: Raise the Issue Internally. Before filing a formal complaint, contact the employer's human resources department in writing (email preferred for documentation). State clearly: 'I was required to undergo a medical exam before receiving a job offer, which may violate the Americans with Disabilities Act and Washington State law. I request clarification on whether this was a disability-related inquiry and ask for documentation of the business necessity for this requirement.' Request a written response. This internal step is not required by law but demonstrates good faith and may lead to quick resolution.

Step 3: File a Complaint with the Washington Human Rights Commission (WHRC). You have 1 year from the alleged violation to file. Contact the WHRC at: Washington Human Rights Commission, P.O. Box 42490, Olympia, WA 98504-2490; phone (360) 753-6770; website: https://www.hum.wa.gov/. You may file online, by mail, or in person. Your complaint should include: (1) your name and contact information; (2) the employer's name, address, and size; (3) the date of the alleged violation; (4) a detailed description of what happened (when the exam was required, what type of exam, whether an offer was made first); (5) any documentation (emails, job postings, exam results); (6) the protected status you believe was the basis for the exam requirement (disability, age, etc.); (7) the harm you suffered (denied job, emotional distress, lost income). There is no filing fee.

Alternatively, you may file a charge with the EEOC (which has jurisdiction over the ADA) at: EEOC Seattle District Office, 909 First Ave., Suite 900, Seattle, WA 98104; phone (206) 220-6883; website: https://www.eeoc.gov/. The federal deadline is 180 days from the violation, but Washington has a Work-Sharing agreement, so filing with WHRC extends the EEOC deadline to 1 year. The EEOC will investigate and may issue a right-to-sue letter.

Step 4: Investigation Process. Once the WHRC or EEOC receives your complaint, they will send a copy to the employer and provide a deadline (usually 20-30 days) to respond. The agency will investigate by reviewing documents, interviewing witnesses, and requesting information about the employer's hiring practices, whether the exam was required of all applicants, and the business justification. This process typically takes 90-180 days. You may be contacted for additional information. The investigator will determine whether there is 'probable cause' to believe a violation occurred.

Step 5: Consult an Employment Attorney. If the WHRC or EEOC finds probable cause or issues a right-to-sue letter, you have the right to file a civil lawsuit. Consult an employment attorney in Washington who specializes in disability discrimination and ADA violations. Many offer free initial consultations. An attorney can: (1) evaluate the strength of your case; (2) negotiate a settlement; (3) represent you in litigation if necessary. Look for attorneys through the Washington State Bar Association (https://www.wsba.org/), the National Employment Lawyers Association (https://www.nela.org/), or local legal aid organizations.