(A) The prohibitions against discrimination in § 35.16 include medical examinations and inquiries. Except as otherwise provided by this section, a covered entity may 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 a disability.
(B) A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions.
(C) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant and may condition an offer of employment on the results of that examination if:
(1) All entering employees are subjected to the examination regardless of disability;
(2) 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:
(a) Supervisors and managers may be informed regarding necessary restrictions of the work or duties of the employee and necessary accommodations;
(b) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and
(c) Government officials investigating compliance with this section shall be provided relevant information on request; and
(3) The results of the examination are used only in accordance with this section.
(D) A covered entity may not require a medical examination and may 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.
(E) A covered entity may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job relation functions. Information obtained under this division is subject to the requirements of division (C)(2) and (3).
(1979 Code, § 35.17) (Ord. 4235, passed 1-8-1996)