Federal & State Regulations | Medical exams - Louisiana

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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 Americans with Disabilities Act 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 section on the Health Insurance Portability and Accountability Act, or HIPAA.

Pre-employment exams

Louisiana law mirrors federal ADA law regarding pre-employment medical exams

Genetic tests

An employer may require a genetic test of an applicant who has been given a conditional offer of employment if it is needed to assess whether further medical testing is necessary to determine if an applicant’s current medical condition may prevent him or her from performing the essential functions of a position.

Payment of exams

Louisiana law provides that an employer may not require an employee or applicant to pay for any medical exam or drug test required by the employer or the cost of any medical records.