Federal & State Regulations | Medical exams - Nebraska

State Info

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

Nebraska law mirrors the ADA regarding pre-employment medical exams. In addition, an employer may conduct voluntary medical exams including medical histories as part of an employee health program at the worksite.

Genetic test

It is illegal for an employer to require a genetic test of an employee or applicant as a condition of employment.

Payment of exams

An employer may not require an applicant to pay the cost of a medical exam required by the employer.