The New Jersey Law Against Discrimination (NJLAD) prohibits employment practices that discriminate on the basis of disability. The NJLAD covers all employers, regardless of size (NJ Rev. Stat. Sec. 10:5-1et seq.).
According to rules issued by the state Division on Civil Rights, employers may require applicants to undergo a physical examination as long as:
• The exam is given after an offer of employment has been made;
• The exam is given to all applicants in the same job category; and
• The job offer is withdrawn only if the disability discovered precludes the safe performance of the job's essential functions (NJ Admin. Code Sec. 13:13-2.4 (2)).
An employer may require an employee to submit to a physical exam if the employee has been injured or is returning to work after an illness and has received workers' compensation as a result.