Am I entitled to a second opinion for pre-employment medical screening?

UPDATED: Oct 26, 2010

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Am I entitled to a second opinion for pre-employment medical screening?

If so where would I find the information pertaining to this?

Asked on October 26, 2010 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, unfortunately you are not entitled to a second opinion. An employer is able to set its own terms or conditions for employment, including that a prospective employee take--and pass--a pre-employment medical screening. The employer can also decide who will do the screening and is not obligated to accept a second opinion.

However, what is potentially in your favor is that employers may *not* discrminate against people with disabilities (defined fairly broadly), so long as the person can do the job (either as is, or with some reasonable accomodation--e.g. someone with vision impairment might be able to do the job perfectly well with a computer screen that magnifies its images). The physical can therefore only ding or downcheck you for factors concerned with or related to job performance. For example: say the job is one that requires extensive travel (e.g. driving all over to visit other locations or clients). If the physical reveals that you can't sit for extended times, and therefore can't do the job since you can't drive for hours, that would be a valid reason to not give you the job. If however the physical revealed diabetes that's well under control, that's a nonissue for the job and you should probably not be denied it.

If you think you were denied the job for improper reasons, you should consult with an employment attorney who can evaluate the grounds for the denial and see if you perhaps have a legal claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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