Wisconsin Physical Exams laws & HR compliance analysis

Wisconsin Physical Exams: What you need to know

The Wisconsin Fair Employment Practice Act prohibits employment practices that discriminate on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, criminal records, membership in any state or national military forces, genetic test results, or use of any lawful product off the employer's premises during nonworking hours (WI Gen. Stat. Sec. 111.31). The Act covers all private and public employers, regardless of size.
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The Act does not specifically address the issue of physical or medical exams. This means that employers are free to develop their own exam policies as long as the exams or exam results are not intended or used to discriminate against any particular group.
The federal Americans with Disabilities Act (ADA) has specific requirements and prohibitions that apply to medical examinations of job applicants and employees. Employers with 15 or more employees are covered by the ADA and must comply with the federal standards.
A private employer may not require an employee or applicant to pay the cost of any medical examination given as a condition of employment. A violation of this prohibition carries a fine of up to $100 (WI Gen. Stat. Sec. 103.37).
A public employer may not request or require that an applicant or employee submit to a test for acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV) infection as a condition of employment (WI Gen. Stat. Sec. 103.15).
The state Fair Employment Practice Act provides that no employer may require a genetic test as a condition of hiring or continued employment. However, an employee may be tested if that employee ...

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