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measure, rather than the applicant's or employee's impaired sensory, <br />manual, or speaking skills (except where those skills are the factors <br />that the test purports to measure). <br />3. Preemployment inquiries. <br />a) A contractor may not make a preemployment inquiry or conduct a <br />preemployment medical examination of an applicant to determine <br />whether the applicant is an individual with handicaps or disabilities <br />or the nature of the handicap or disability. The contractor may, <br />however, make preemployment inquiry into an applicant's ability to <br />perform job -related functions. <br />b) When the contractor is undertaking affirmative action efforts, <br />voluntary or otherwise, the contractor may invite applicants for <br />employment to indicate whether and to what extent they are <br />handicapped. This may occur if the following conditions are met: <br />the contractor clearly states on any written questionnaire used for <br />this purpose, or makes clear orally, that the information requested is <br />intended for use solely in connection with its remedial action <br />obligations, or its voluntary or affirmative action efforts; and the <br />contractor states clearly that the information is being requested on a <br />voluntary basis, that it will be kept confidential and in a separate <br />medical records file, that refusal to provide the information will not <br />subject the applicant or employee to any adverse treatment, and that <br />the information will be used only in accordance with this part. <br />c) Nothing shall prohibit a contractor from conditioning an offer of <br />employment on the results of a medical examination conducted <br />before the employee's entrance on duty if all entering employees in <br />that category of job classification must take such an examination <br />regardless of handicap. <br />di if the contractor must obtain information concerning medical <br />condition or history of the applicant, it must be collected and <br />maintained on separate forms that are accorded confidentiality as <br />medical records, except that: supervisors and managers may be <br />informed of restrictions on the work or duties of individual with <br />handicaps and informed of necessary accommodations; first aid and <br />safety personnel may be informed if the condition might require <br />emergency treatment; and goveriunent officials investigating <br />compliance with Section 504 shall be provided relevant information <br />upon request. <br />Exhibit E Page 4 of 7 <br />