Medical exams - District of Columbia

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 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 section on Drug Testing.

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

The District of Columbia prohibits an employer from requiring a genetic test as a condition of employment.

Genetic testing

It is illegal for an employer to require a genetic test as a condition of employment or to seek to obtain or use genetic information of an employee or applicant for employment purposes. Genetic testing may be done with the written and informed consent of the employee or applicant to determine the existence of a bona fide occupational qualification, investigate a workers’ compensation or disability compensation claim, or determine an employee’s susceptibility or exposure to potentially toxic substances in the workplace. (The “Human Rights Genetic Information Amendment Act of 2004,” A15-648.)

State

Contact

Office of Human Rights

Regulations

D.C. Act A15-648, amending D.C. Code §2-1401.01 et seq.)

Federal

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

Public Law 101-336

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)