(a) Definitions. As used in this section:
Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended.
Applicant means a person seeking County employment, including a merit system position, non-merit system position, appointed position, or contractual position.
Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position.
Contractual position means an individual providing services to the County pursuant to a procurement under Chapter 11B. Contractual position does not include the employees or subcontractors of a contractor under Chapter 11B.
Health care means any care, treatment, or procedure by a health care provider:
(1) to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or
(2) that affects the structure or any function of the human body.
Health care information means any individually identifiable information related to health care.
Minimum qualification means a mandatory qualification that:
(1) must be met to perform the required job functions of the position; and
(2) was posted publicly prior to the acceptance of any application for the position.
Reproductive health information means health care information related to any aspect of reproductive health, including abortion care, miscarriage, contraception, sterilization, pregnancy, and family planning.
(b) Requesting or considering health care information – Limitations.
(1) Except as provided in paragraph (2), the County must not:
(A) request or seek health care information regarding an applicant; or
(B) consider health care information as a factor in determining whether to hire an applicant.
(2) Unless otherwise prohibited by law, the County is entitled to:
(A) request or seek business-related health care information; and
(B) consider business-related health care information solely to determine whether an applicant meets a minimum qualification.
(c) Requesting reproductive health information – Prohibited. The County must not request or consider an applicant’s reproductive health information.
(d) This Section does not prohibit:
(1) an applicant from voluntarily submitting, or the County from processing, a request for a reasonable accommodation under the Americans with Disabilities Act related to the job application process; or
(2) if the applicant is a County employee, an applicant from disclosing, or the County from requesting, health care information necessary for:
(A) enrolling in or processing employee benefits;
(B) making or processing workers’ compensation claims;
(C) making or processing leave requests in accordance with County laws and regulations; or
(D) complying with applicable state or federal law.
(e) An applicant aggrieved under this section may appeal to the Merit System Protection Board under Section 33-13. (2023 L.M.C., ch. 5, §1.)