Vermont Physical Exams laws & HR compliance analysis

Vermont Physical Exams: What you need to know

The Vermont Fair Employment Practices Act prohibits employment practices that discriminate on the basis of disability, but it does not specifically address the issue of physical examinations. However, employers will likely violate the Act if exams screen out a particular group or otherwise discriminate on the basis of a protected characteristic. The Act covers all employers regardless of size, as well as labor organizations and employment agencies (VT Stat. Tit. 21 Sec. 495 et seq.).
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The federal ADA specifically addresses the issue of physical exams. The ADA allows employers to give exams to both applicants and employees but with certain restrictions. The ADA covers employers with 15 or more employees.
An employer may not require applicants or employees to pay the cost of a physical exam ordered as a condition of employment (VT Stat. Tit. 21 Sec. 301).
Acquired immunodeficiency syndrome (AIDS). The Fair Employment Practices Act prohibits job bias based on AIDS. It prohibits employers from discriminating on the basis of an individual's positive test result and from requiring a test for human immunodeficiency virus (HIV) infection as a condition of employment (VT Stat. Tit. 21 Sec. 495(a)(5) and (6)).
Genetic testing. The Act also prohibits employers from discriminatory employment practices based on:
• The fact that an individual has had genetic counseling or testing, or has requested counseling or services
• Genetic testing results or genetic information of individuals or their family members
• The diagnosis of a genetic disease
Employers are also prohibited from requiring genetic testing as a condition of employment (VT Stat. ...

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