Are employers allowed to require job applicants to undergo medical tests or examinations?
In North Dakota, employers are generally allowed to require job applicants to undergo medical tests or examinations. However, there are some important considerations to keep in mind. First, medical tests or examinations must relate to the physical demands of the job being applied for. Secondly, all applicants must be tested in the same manner. An employer cannot single out a certain applicant for testing. Thirdly, the test must be non-discriminatory. This means that medical tests or examinations cannot target an applicant based on their race, color, age, gender, national origin, disability, religion, or any other protected characteristic. In addition, employers must make sure to comply with the Americans With Disabilities Act (ADA). Under the ADA, employers may require applicants to submit to a medical examination after an offer of employment has been made and accepted. However, the results of the test must be kept confidential and any decisions based upon the results must be job-related and consistent with business necessity. Lastly, employers cannot ask applicants about their medical history or prior conditions during the hiring process. This is prohibited by the Genetic Information Nondiscrimination Act (GINA) and could lead to a discrimination lawsuit. In conclusion, employers in North Dakota are generally allowed to require job applicants to undergo medical tests or examinations, as long as the tests are related to the physical demands of the job, applied equally to all applicants, and do not violate laws such as the ADA or GINA.
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