Nevada Physical Exams laws & HR compliance analysis

Nevada Physical Exams: What you need to know

The Nevada Fair Employment Practices (FEP) Act prohibits employment practices that discriminate against a person with a disability. The Act covers employers with 15 or more employees for 20 or more weeks in the current or preceding calendar year (NV Rev. Stat. Sec. 613.310 et seq.).
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Job applicants. According to preemployment inquiry guidelines issued by the state Equal Rights Commission, an employer may require job applicants to take a medical examination, provided:
• An offer of employment has been made; and
• The exam is given to all applicants who have been offered jobs in the same job category.
Employees. The guidelines state that a medical examination of employees must be job-related and consistent with the employer's business needs.
Employers are prohibited from requiring a prospective employee to submit to a genetic test as a condition of employment or asking or encouraging a prospective employee to submit to a genetic test (NV Rev. Stat. Sec. 613.345).
Genetic information. The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees or applicants on the basis of genetic information about the employee, applicant, or their family members. GINA applies to all public employers, private employers with 15 or more employees, employment agencies, and labor organizations.
With limited exceptions, GINA prohibits employers from requesting or requiring genetic testing or information from employees or job applicants at any time. Therefore, employers should take steps to ensure that preemployment inquiries and physical examinations do not include genetic testing and that examination results provided to the employer do ...

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