There are strict rules that employers must follow if they want information about the physical and mental health of their employees. The rules are different depending if you are just applying for a job or you have a job offer from an employer.
Q. Can the employer make me fill out a medical questionnaire or take a medical exam when I’m applying for a job?
A. No, the employer is not allowed to get information about a job applicant’s physical and/or mental condition. But the employer can ask you to show how you would perform the job you’re applying for.
For example, if you have a disability and the job involves lifting, your employer might ask you to show you can lift the weight required by the job.Q.I’ve just been offered a job, but the employer wants me to take a medical exam and fill out a medical questionnaire before making the offer final. Can the employer do this?
A. Yes, if the employer requires all applicants who have been offered a job to take a medical exam before making the final offer. After making a job offer, the employer is also allowed to ask about your workers’ compensation history, your sick leave usage, and your past and present physical and mental health. The employer cannot withdraw its job offer if it learns that you have a past or present health problem unless that problem would not allow you to do the job you were offered. For example, if you applied to be a drug counselor and you have a current drug addiction, you would not be able to do the job.
Q.Who pays for the pre-employment medical exam?
A. Generally, the employer pays for the pre-employment medical exam. If an employer demands that you pay for the exam, call Statewide Legal Services.
Q. Can the employer make me take a drug test?
A. Yes, when you are applying for the job. After you are on the job, the employer can ask you to take a drug test only if it has a reasonable belief that you are under the influence of drugs or alcohol and it is affecting your ability to do your job. However, if you have a job where safety is very important--like a bus driver, LPN, or cable TV installer--your employer is allowed to test you for drugs at any time. The employer must confirm a positive test result with a second test by a different company.
Q.What is the employer going to do with my medical information?
A.The employer must keep all medical information about you confidential. It cannot be kept in your regular personnel file. Supervisors and managers may be told about restrictions on your job duties because of your health condition. First aid and safety personnel may be told if your health problems might require emergency treatment.
Questions? Call Statewide Legal Services at 1-800-453-3320 or (860) 344-0380 for free advice and information.Note: If you believe you were discriminated against because of your disability, call Statewide Legal Services for help.
This information is based on laws in CT as of 9/2007. It is not intended as legal advice for an individual situation; individuals should consult with a lawyer if possible. Produced by the Legal Assistance Resource Center of Connecticut.