HR3300 - Medical Examinations

1. Institutional Regulations
   
   A medical examination may be required of applicants for employment and of current employees to ensure that:
    
   1. They are able to perform assigned job duties; OR
   2. They pose no direct threat to the health or safety of themselves or others; OR
   3. They are able to meet prescribed governmental health standards.
2. Procedure
   1. Definitions of terms:
      1. Job Related - A legitimate measure or qualification which applies to a function of a specific job
      2. Consistent with Business Necessity - A legitimate measure or qualification which applies to an essential function of a specific job
      3. Essential Functions - Primary duties and responsibilities which are intrinsic to the job and which are essential to performance
      4. Reasonable Accommodation - An adjustment to a work situation for the purpose of enabling a person with a disability to perform an essential function(s) of a job and which does not present an undue hardship on the conduct of the operation of the business
      5. Undue Hardship - An action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business
   2. Applicants for Employment
      1. If a medical examination is to be required, the examination must be required of all entering employees in the same job category (i.e., covered by the same job description). The requirement must be a part of the official job description.
      2. When a medical examination is required, it may not be required of an applicant prior to extending a conditional offer of employment.
      3. The cost of the examination shall be borne by the applicant.
      4. The scope of the medical examination may be unrestricted. If a conditional offer of employment to an individual with a disability is withdrawn as a result of the examination, the reasons for withdrawing the offer must be job related and consistent with business necessity. In addition, it must be shown that there was no reasonable accommodation that could be made available.
      5. Genetic information shall not be requested or required as part of a medical exam except as specifically allowed by the Genetic Information Nondiscrimination Act of 2008 (GINA).
   3. Employees
      1. An employee may be required, in his/her current position, to have a medical examination if required by governmental health regulations or if there is evidence of a performance or a health or safety problem. This includes an employee’s readiness to return to work after an illness or injury.
      2. The scope of the medical examination must be restricted. It must be a job-related exam rather than a full medical exam and it must be consistent with business necessity.
      3. Approval to require a medical examination must be obtained from the Human Resources Department. The cost of an examination required by governmental health regulations will be borne by the employee. The cost of an examination required by the College will be borne by the College. In the latter instance, the College reserves the right to select the physician or service provider of its choice.
      4. Genetic information shall not be requested or required as part of a medical exam except as specifically allowed by the Genetic Information Nondiscrimination Act of 2008 (GINA).
   4. General
      1. A medical examination may include documentation/information obtained from medical doctors and other resources such as rehabilitation experts, occupational or physical therapists, psychologists, etc.
      2. Medical documentation of an individual’s functional limitations may be required to substantiate the need for a reasonable accommodation.
      3. Medical examination information is confidential information.

September 1, 2020