The Maryland Fair Employment Practices Act prohibits employment practices that discriminate on the basis of mental or physical disability, or genetic test results (MD State Govt. Code Sec. 20-601 et seq.). The Act covers employers with 15 or more employees.
The Act prohibits employers from conducting a medical examination to determine the existence or severity of a disability until after the employer has extended an applicant a conditional offer of employment (MD Code of Regs. Sec. 14.03.02.07). An employer may condition a job offer on the results of a medical examination if:
• All entering employees in the same job category are subjected to the examination regardless of disability; and
• The results of the examination are collected and maintained on separate forms in separate files, and are treated as confidential medical records.
Information from an employee's medical records may be disclosed in the following circumstances:
• Supervisors and managers may be informed about an employee's work restrictions and necessary accommodations.
• First aid and safety personnel may be informed, when appropriate, if the condition may require emergency treatment.
• The staff of the state Commission on Human Relations must be provided with medical information on request.
The federal Americans with Disabilities Act (ADA) has virtually identical requirements for medical examinations of job applicants. The ADA covers employers with 15 or more employees. There is additional information about the ADA's restrictions on medical exams of employees.
Genetic Information Nondiscrimination Act (GINA). GINA prohibits employers from discriminating against employees or applicants on the basis of genetic information ...