Indiana follows the guidelines of the federal Americans with Disabilities Act (ADA) concerning the issue of applicant and employee physical exams. The ADA covers employers with 15 or more employees.
Applicants. Applicants may not be given an exam before a job offer has been made. However, once an offer has been made and before an applicant begins work, an employer may require an exam and condition the job offer on the exam results, provided:
• The exam is given to all applicants who have been offered jobs in the same job category, regardless of disability.
• Information gathered during the exam is maintained on separate forms and in separate files, and treated as a confidential medical record. (Note: This is the same as Indiana law.)
Employees. Employees may be given a medical exam if it serves a legitimate business purpose. For example, an employer can require an exam when there is a need to determine whether an employee is still able to perform the essential functions of his or her job.
Under a ruling by the 9th Circuit Court of Appeals, when an employer denies employment based on a medical qualification standard, it must prove that (1) the standard "fairly and accurately measures the individual's actual ability" to perform the essential functions of the job in question, and (2) there is no reasonable accommodation that would allow the applicant to safely perform the job (Bates v. United Parcel Service, Inc., 511 F.3d 974 (9th Cir. 2007)). Details of the court's decision and practical tips for employers are ...