Florida Physical Exams: What you need to know

The Florida Civil Rights Act prohibits employment practices that discriminate on the basis of race, color, religion, sex, marital status, national origin, age, and disability, but does not specifically address the issue of physical examinations (FL Stat. Sec. 760.10). However, an employer will likely violate the Act if exams are given only to a particular group of applicants or employees (for example, only to older individuals) or if an exam policy appears to be neutral but disproportionately screens out a particular group. The Act covers employers with 15 or more employees.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
The 11th Circuit Court of Appeals has ruled that a job applicant does not have to have a disability under the Americans with Disabilities Act (ADA) to bring a lawsuit alleging the employer made prohibited medical inquiries (Harrison v. Benchmark Elecs. Huntsville, Inc., 593 F.3d 1206 (11th Cir. 2010)). The job applicant in this case was a contract worker who applied for regular employment with the employer. Before extending an offer of employment, the employer required applicants to undergo a drug screening. When the applicant's test came back positive, the hiring manager called the applicant into his office, phoned the employer's medical review officer (MRO), and stayed in the office while the applicant answered the MRO's questions. The answers revealed that the applicant had epilepsy for which he was taking prescription medication. The hiring manager declined to offer the job to the applicant and asked the placement agency not to have the applicant return to the workplace. When the applicant brought a lawsuit claiming the employer made a prohibited medical inquiry in violation of the ADA, the court ruled he had a right to ...

>> Read more about Physical Exams

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

Florida Physical Exams Resources

Physical Exams Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.