The Idaho Human Rights Act prohibits employment practices that discriminate on the basis of disability. Employers are prohibited from requiring a job applicant to submit to a medical examination before extending a conditional offer of employment. The Act covers all public employers, private employers with five or more employees, and contractors or subcontractors providing goods or services to the state (ID Code Sec. 67-5902).
Applicant exams. According to guidelines issued by the state Commission on Human Rights (ID Admin. Code Sec. 45.01.01.200), an employer may require an applicant to take a medical examination if:
• An offer of employment has been made, and
• The exam is required for all entering applicants in the same job category.
Note: If certain criteria are used to screen out an applicant, the exclusionary criteria must be job related and consistent with business necessity. The state guidelines are virtually identical to the requirements of the federal Americans with Disabilities Act (ADA).
The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from requiring genetic testing or discriminating on the basis of genetic information. Physical exams that require genetic testing violate GINA. Additional information is available.
Employee exams. An employer may require a medical exam that is job related and consistent with business necessity. It may also make inquiries to determine whether an employee is able to perform job-related functions.
The 9th Circuit Court of Appeals has ruled that the ADA’s business necessity standard for requiring a medical examination may be met, and an employer may require a preemptive fitness-for-duty exam, if there is a genuine ...