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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 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.
Genetic test
South Dakota law makes it unlawful for an employer to obtain or use genetic information of an employee or job applicant to discriminate or restrict any right or benefit due the individual. However, an employer may seek genetic information if obtained by a law enforcement agency for purposes of a criminal investigation of an employee under certain circumstances.
Payment of exam
It is illegal to require an employee to pay for the cost of a medical exam or for medical records required by the employer as a condition of employment.
Contact
South Dakota Division of Labor and Management
Regulations
Genetic test
South Dakota Codified Laws Title 60, §60-2-20
Payment of exam
South Dakota Codified Laws Title 60, §60-11-2
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)