Montana's Human Rights Commission has issued regulations concerning medical examinations and inquiries (MT Admin. Rules 24.9.607).
Applicants. Under the regulations, an employer is prohibited from requiring a medical examination or making inquiries of a job applicant for the purpose of determining the existence, nature, or severity of a disability. However, after the employer makes a conditional offer of employment, it can require a medical exam if it is required of all prospective employees for the job, regardless of disability. All information obtained about an applicant's medical condition or history must be treated as a confidential medical record. The regulations are consistent with the requirements of the federal Americans with Disabilities Act (ADA).
Employees. An employer may not require a medical examination or make a inquiry of employees regarding a physical or mental disability unless it is shown to be job-related and consistent with business necessity (MT Admin. Rules 24.9.607 (1)).
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 reason to doubt that an employee is still capable of doing his job (Brownfield v. City of Yakima, 612 F.3d 1140 ...