Michigan Physical Exams laws & HR compliance analysis

Michigan Physical Exams: What you need to know

The Michigan Persons with Disabilities Civil Rights Act allows an employer to base employment decisions on the results of a physical or mental examination provided the exam is directly related to the requirements of the job in question. The law covers employers with one or more employees (MI Comp. Laws Sec. 37.1202).
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Like Michigan law, the federal Americans with Disabilities Act (ADA) allows an employer to require applicants and employees to undergo physical exams, but the ADA limits when an exam may be conducted.
Applicants. Under the ADA, an employer may require a physical exam only after an offer of employment has been made, and only if the exam is given to all applicants who have been offered jobs in the same job category. Employers covered by both Michigan law and the ADA must comply with both, i.e., may require a physical exam after an offer of employment if the exam is directly related to the job in question and is given to all prospective employees for the job.
Employees. The ADA and Michigan law are similar with respect to employee exams. The ADA allows an employer to require a medical exam for an employee if the reason for the exam is job related and consistent with business necessity. For example, an employer may 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.
Tip: Michigan employers should comply with the ADA in order to avoid liability. The ADA covers employers with 15 or more employees.
State law. State law prohibits employers from requiring an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion (MI Comp. Laws Sec. ...

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