Senate Approves Robbins' Bills Addressing ADA Concerns

Package focuses on physicals for emergency responder applicants

The Senate today approved a package of bills introduced by Senator Bob Robbins (R-50) to bring municipal law provisions governing pre-hiring examinations of emergency responders in cities, towns, townships, and boroughs into compliance with the federal Americans with Disabilities Act.

The ADA clearly prohibits requiring a medical examination of all applicants before a conditional offer of employment. However, the ADA does allow medical examinations and inquiries with certain conditions.

"A number of communities have already been subjected to litigation because of problems in the language of current state statutes," said Senator Robbins, who also serves as Chairman of the Pennsylvania Local Government Commission, a bipartisan legislative service agency. "My bills amend the police officers and firefighters civil service statutory provisions to ensure those laws are interpreted and applied by municipal officials in a manner that is in compliance with federal and state anti-discrimination laws."

Senate Bills 908 through 913 would meet ADA requirements by:

Clearly delineate a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.
Clearly define "medical examinations" in accordance with federal law, include "psychological medical examinations," and specify that medical examinations may not occur until a conditional offer of employment has been made.
Clearly specify where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect.

"It is important that we strike the proper balance in state statute to protect the rights of applicants for emergency responder jobs and ability of communities to perform proper pre-hiring screenings of candidates," Senator Robbins said.

Contact:

Michael Hengst
(717) 787-1322