Make a Conditional Employment Offer

Key Points

  • It is not uncommon for an employer to condition an offer of employment on the successful completion on certain additional requirements prior to the start date. These requirements could include a background check, medical exam and/or drug test
  • If the employment offer is contingent upon the passing of a medical exam, employers must comply with certain federal laws, such as the Americans with Disabilities Act (ADA) and any other applicable state requirements. For instance, if a medical exam is required, the medical exam must be required of all individuals in the same type of a position.
  • Additionally, employers must be mindful of other federal and state employment laws when conducting a background check on the new hire as a condition of the offer, such as the Fair Credit Reporting Act.

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