Louisiana Physical Exams laws & HR compliance analysis

Louisiana Physical Exams: What you need to know

The Louisiana Employment Discrimination Law prohibits employment practices that discriminate on the basis of age, race, color, religion, sex, national origin, pregnancy, disability, sickle-cell trait, or genetic information. The Law covers employers with 20 or more employees, except for the law prohibiting pregnancy discrimination which applies to employers with 25 or more employees.
Employers are prohibited from asking a prospective employee about a possible disability, but employers may require physical examinations for job applicants and employees if the exams are (1) directly related to the requirements of a specific job and (2) required of all applicants or employees in the same job category (LA Rev. Stat. Sec. 23:323).
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The federal Americans with Disabilities Act (ADA) also allows employers to require physical exams but imposes slightly different requirements.
Applicants. With respect to job applicants, no exam may be given until after a conditional offer of employment has been made, and then only if the exam is required of all prospective employees for the job. An employer may ask a prospective employee whether he or she can perform job-related functions.
Employees. Employees may be required to submit to medical exams that are job-related and consistent with business necessity.
Unlike the Louisiana law, which covers employers with 20 or more employees, the ADA covers employers with 15 or more employees. Louisiana employers subject to the ADA may require physical exams for applicants after extending a conditional offer of employment.
Additional information on the ADA's requirements is available.
State law. Louisiana law prohibits ...

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