Federal & State Regulations | Medical exams - Michigan

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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 Drug Testing topic.

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

Medical exam

Michigan law mirrors federal ADA law in providing that an employer can not refuse to hire, promote, discharge, or take discriminatory action against an individual on the basis of physical or mental examinations that are not job-related. This law also provides that an employer may not require an individual to submit to a genetic test as a condition of employment or promotion.