Utah Physical Exams laws & HR compliance analysis

Utah Physical Exams: What you need to know

Private employers. The Utah Antidiscrimination Act prohibits employment practices that discriminate on the basis of race, color, sex, pregnancy (including childbirth or pregnancy-related conditions), age (40 years or older), religion, national origin, disability, sexual orientation, or gender identity if the individual is otherwise qualified for the job (UT Code Sec. 34A-5-106 et seq.). Generally, physical exam policies are unlawful if they screen out or otherwise discriminate against a particular group, for example, if exams are required of older job applicants but not younger ones. The Act covers employers with 15 or more employees.
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Public employers. The State Employee's Family and Medical Leave Rules and Disability Bias requires state agencies to consult with the Division of Risk Management before denying an employee a request for a reasonable accommodation. Under certain circumstances, the agency may request a fitness-for-duty medical evaluation (UT Admin. Code Sec. R477-8-15).
The federal ADA allows employers to require physical exams of job applicants only after a conditional offer of employment has been made. Before extending an employment offer, employers are prohibited from inquiring about the existence, nature, or extent of an applicant's disability. The ADA covers employers with 15 or more employees. Utah employers that are subject to both the ADA and state law should comply with the ADA with respect to physical exams.
Utah's alcohol and drug testing law gives employers broad discretion to test job applicants and employees as a condition of hiring or continued employment, provided employers and managers undergo periodic testing themselves ...

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