Federal & State Regulations | Medical exams - Washington

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 Americans with Disabilities Act, see the section on ADA.

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

Washington law provides that an employer may not require an employee or applicant to submit to genetic screening as a condition of employment.

HIV/Hepatitis test

An employer may not require an HIV or hepatitis C test of an employee or applicant as a condition of employment or promotion unless the absence of the infection is a bona fide occupational qualification.