Federal & State Regulations | Medical exams - California

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Summary of differences between federal and state regulations

The federal laws which govern medical exams for employment purposes are the Americans with Disabilities Act (ADA), federal drug testing guidelines under the Omnibus Transportation Employee Testing Act, and the Health Insurance Portability and Accountability Act (HIPAA). A federal executive order prohibits federal employers from requesting genetic tests as a condition of employment, but there are as yet no provisions relating to private employers.

The ADA governs medical testing in relation to applicants and employees with disabilities. For more information on the ADA , see the Discrimination Disability topic.

Drug tests are not considered medical examinations under the ADA, but the records of such tests are considered confidential medical records from a privacy standpoint, and certain procedures must be followed in conducting the tests. For more information, see the section on Drug Testing.

For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic.

California law addresses payment for exams and medical information.

Payment for exams

In California, an employer may not withhold, deduct from an employee’s check, or require an applicant to pay for, fees in connection with any pre-employment medical exam taken as a condition of employment or any medical exam required by law or regulation.

Medical information

Employers who receive medical information on their employees must keep the information confidential. Employers may not discriminate against employees who refuse to sign an authorization to disclose medical information.