§ 22-9-5-20 — Medical examinations and inquiries; permissibility and scope; disclosures; use of results

(a) The prohibition against discrimination in
section 19 of this chapter includes medical examinations and inquiries.
Except as otherwise provided by this section, a covered entity may not
conduct a medical examination or make inquiries of a job applicant as
to whether the applicant is an individual with a disability or as to the
nature or severity of a disability.
(b) A covered entity may make preemployment inquiries into the
ability of an applicant to perform job related functions.
(c) A covered entity may require a medical examination after an
offer of employment has been made to a job applicant and before the
commencement of the employment duties of the applicant and may
condition an offer of employment on the results of that examination if:
(1) all entering employees are subjected to the examination
regardless of disability;
(2) information obtained regarding the medical condition or
history of the applicant is collected and maintained on separate
forms and in separate medical files and is treated as a confidential
medical record, except that:
(A) supervisors and managers may be informed regarding
necessary restrictions on the work or duties of the employee and
necessary accommodations;
(B) first aid and safety personnel may be informed, when
appropriate, if the disability might require emergency
treatment; and
(C) government officials investigating compliance with this
chapter shall be provided relevant information on request; and
(3) the results of the examination are used only in accordance
with this chapter.
(d) A covered entity may not require a medical examination and
may not make inquiries of an employee as to whether the employee is
an individual with a disability or as to the nature or severity of the
disability, unless the examination or inquiry is shown to be job related
and consistent with business necessity.
(e) A covered entity may conduct voluntary medical examinations,
including voluntary medical histories, that are part of an employee
health program available to employees at that work site. A covered
entity may make inquiries into the ability of an employee to perform
job related functions. Information obtained under this subsection is
subject to the requirements of subsection (c)(2) and (c)(3).
(f) A covered entity may not interfere, directly or indirectly, with the
use of an animal that has been or is being specially trained as a service
animal.
(g) A covered entity may not refuse to permit an employee with a
disability to keep a service animal with the employee at all times in the
place of employment.

Legislative History

As added by P.L.111-1992, SEC.4. Amended by P.L.155-2009, SEC.7.