Legal Question in Discrimination Law in Nebraska
Required physical examination for potential employee?
May an employer in Nebraska require a potential employee to undergo a complete physical examination (including the disclosure of medications, etc.) when the physical examination does not directly relate to job responsibilities? I know someone who is thinking of accepting an apartment leasing position, and she is being told that she ''has'' to submit to a complete physical examination as part of the hiring process.
1 Answer from Attorneys
Re: Required physical examination for potential employee?
That doesn't sound right. An employer is NOT permitted to delve into the physical and psychological issues of employees "just to know." It is not allowed to ask about disabilities, under the law, which do not have a direct impact upon an employees ability to perform the material tasks of the position. And, certainly, they are not allowed access to medical records as a condition of employment.
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