Americans with Disabilities Act considerations for the practice of occupational medicine

The Americans with Disabilities Act (ADA), although developed in the context of civil rights legislation, is likely to have notable impact on the practice of occupational medicine. The ADA contains provisions limiting the use of preplacement examinations to determinations of the capability to perform the essential functions of the job and of direct threat to the health and safety of the job applicant and others. The Title 1 employment provisions of the ADA established definitions and requirements similar to those found in section 504 of the Rehabilitation Act of 1973, as amended; leading cases that have been litigated under the Rehabilitation Act, as amended, are described. The limitations of available scientific and medical information related to determinations of job capability and direct threat and ramifications of the ADA on the practice of occupational medicine are discussed.