Hawaii Physical Exams laws & HR compliance analysis

Hawaii Physical Exams: What you need to know

The Hawaii Fair Employment Practice (FEP) Law prohibits employment practices that discriminate on the basis of disability (HI Rev. Stat. Sec. 378-1 et seq.). The law covers all private and state employers regardless of size. Additional information is available.
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Under certain conditions, medical examinations are authorized by state law and the ADA.
Applicants. An employer may make preemployment inquiries into the ability of an applicant to perform essential job functions and ask an applicant to describe or demonstrate how, with or without reasonable accommodation, the applicant will be able to perform essential job functions (HI Admin. Rules 12-46-191).
An employer may require a medical examination or make preemployment medical inquiries, or both, after making an offer of employment to a job applicant and before the applicant begins his or her employment duties, and the offer may be subject to the results of the examination or inquiry. However, these exams and inquiries are lawful only if all entering employees in the same job category are subjected to such an examination or inquiry, regardless of disability. Information obtained from medical exams or inquiries must be kept confidential in files that are separate from other personnel records. Post-offer medical examinations do not have to be job-related and consistent with business necessity, unless the exams tend to screen out individuals with disabilities.
Employees. Employees may be required to undergo 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. ...

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