Current through Register Vol. XLI, No. 24, June 14, 2024
Section 77-1-5 - Pre-Employment Practices5.1. An employer, labor organization, or employment agency shall not make pre-employment inquiry of an applicant as to whether the applicant has a physical or mental impairment or as to the nature or severity of such impairment, except that an employer, labor organization, or employment agency may make pre-employment inquires into the ability of a job applicant to perform job-related functions.5.2. An employer may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination if:5.2.1. All entering employees are subjected to such an examination regardless of disability;5.2.2. 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 confidential medical record, except that -- 5.2.2.A. Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;5.2.2.B. First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and5.2.2.C. Government officials investigating compliance with this Act shall be provided relevant information on request; and.5.2.3. The results of such examination are used only in accordance with these regulations.5.3. An employer shall not use any test or other selection criteria that discriminates against individuals with disabilities unless:5.3.1. The employer can demonstrate that the test or other criteria is job related for the job in question; and5.3.2. The employer can demonstrate that there is not an alternate test or set of criteria that has less discriminatory impact.5.4. An employer shall select and administer tests concerning employment so as to best ensure that the test results accurately reflect the applicant's job skills, aptitude, or whatever factor the test purports to measure, rather than measuring the applicant's impaired sensory, manual or speech skills, unless those skills are the ones the testpurports to measure. The employer shall make reasonable accommodations for individuals with disabilities in testing, upon request, by providing such adaptive equipment as may be necessary and modifying testing procedures as appropriate. The employer shall supply such necessary and reasonable equipment for taking the test as the applicant shall request.5.5. After commencement of employee's employment duties, an employer shall not require a medical examination and shall not make inquires of an employee as to whether such employee has a disability or as to the nature or severity of the disability, unless: 5.5.1. Such examination or inquire is shown to be job related and consistent with business necessity; or5.5.2. Such examination is a voluntary medical examination, including voluntary medical histories, which are part of an employee health program available to employees at that work site; and5.5.3. Information obtained under subparagraphs 5.5.1 and 5.5.2 regarding medical condition or history of any employee are subject to the requirements of subparagraphs 5.2.2 and 5.2.3 of Section 5.25.6. For purposes of this Act, a test to determine the illegal use of drugs shall not be considered a medical examination, and noting in this Act shall be construed to encourage, prohibit or authorize the conducting of testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.