41-1466. Medical examinations and inquiries; exception

A. The prohibition against discrimination based on a disability includes medical examinations and inquiries. Except as provided in subsection B, paragraph 2, a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability.

B. A covered entity may:

1. Make preemployment inquiries into the ability of an applicant to perform job related functions.

2. Require a medical examination after an offer of employment has been made to a job applicant and before commencement of employment duties of the applicant and may condition an offer of employment on the results of such examination if all of the following apply:

(a) All entering employees are subjected to the examination regardless of disability.

(b) Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that the covered entity:

(i) May inform supervisors and managers of necessary restrictions on the work or duties of the employee and necessary accommodations.

(ii) When appropriate, may inform first aid and safety personnel if the disability might require emergency treatment.

(iii) On request, shall provide relevant information to government officials investigating compliance with this article.

(c) The results of the examination are used only in accordance with this section.

C. A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job related and consistent with business necessity.

D. A covered entity may:

1. Conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site.

2. Make inquiries into the ability of an employee to perform job related functions.

E. Information obtained pursuant to subsections C and D regarding the medical condition or history of any employee are subject to the requirements prescribed in subsection B, paragraph 2, subdivisions (b) and (c).

F. For the purposes of this section, a test to determine the illegal use of drugs is not a medical examination.