|
|

New Hampshire Physical Exams: What you need to know

The New Hampshire Law Against Discrimination prohibits the use of any form of application for employment or any inquiry or record in connection with employment that discriminates on the basis of physical or mental disability. The Law does permit employers to make such inquiries after it has extended an offer of employment to an applicant. The Law covers all public employers regardless of size and private employers with 6 or more employees (NH Rev. Stat. Sec. 354-A:1 et seq.).
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
State law and the federal Americans with Disabilities Act (ADA) allow physical agility and fitness tests at the application stage. A physical agility test demonstrates the applicant's ability to perform job-related functions and is not considered a medical examination under the ADA. An example of a fitness test would be a lifting test that screens applicants for a job involving heavy lifting.
If physiological or biological responses are measured, the test is considered a medical exam and may not be administered to applicants under ADA guidelines unless a job offer has been made. If an applicant with a disability is screened out with a physical examination, the employer must be able to show that use of the test is job related and consistent with business necessity.
Qualification standard. Under a ruling by the 9th Circuit Court of Appeals, an employer that denies employment based on a medical qualification standard must prove that the standard "fairly and accurately measures the individual's actual ability" to perform the essential functions of the job in question. The employer must also prove that there is no reasonable accommodation that would allow the applicant to safely perform the job ...

>> 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 |

New Hampshire 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.