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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 Disability Discrimination 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 Drug Testing topic.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic.
Drug testing
Information related to drug or alcohol testing is to be kept with other employee medical records and is to remain confidential. Results of a drug or alcohol test are inadmissible in a criminal proceeding.
Medical records
An employer must keep medical records separately and not as part of an employee’s personnel file. Records are to be kept for at least three years following termination of employment.
Genetic information
An employer may not require genetic information from an employee or applicant as a condition of employment.
Contact
Connecticut Department of Labor
Regulations
Drug testing
Conn. Gen. Stat. Title 31, Ch. 557, §31-51w
www.cga.ct.gov/2011/pub/Chap557.htm#Sec31-13a.htm
Medical records
Conn. Gen. Stat. Title 31, Ch. 563, §31-128c
www.cga.ct.gov/2011/pub/Chap563a.htm#Sec31-128c.htm
Genetic information
Conn. Gen. Stat. Title 46a, §46a-60(11)
www.cga.ct.gov/2011/pub/Chap814c.htm#Sec46a-60.htm
Contacts
Americans with Disabilities Act (ADA)
Drug testing
US Department of Transportation
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
Americans with Disabilities Act (ADA)
29 CFR 1600, 1601, 1602, 1603, 1604,
1605, 1606, 1607, 1608, 1610, 1611,
1612, 1614, 1620, 1621, 1625, 1626,
1627, 1630, 1635, 1640, 1641
1650, 1690, 1691
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Health Insurance Portability and Accountability Act (HIPAA)
45 CFR Subchapter B – Parts 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, Subchapter C – 160, 162, 164,
Public Law 104-191 (104th Congress)