Indiana Code 22-9-5-20. Medical examinations and inquiries; permissibility and scope; disclosures; use of results
(b) A covered entity may make preemployment inquiries into the ability of an applicant to perform job related functions.
Terms Used In Indiana Code 22-9-5-20
- covered entity: means an employer, an employment agency, a labor organization, or a joint labor-management committee. See Indiana Code 22-9-5-4
- disability: means with respect to an individual:
Indiana Code 22-9-5-6
- employee: means an individual employed by an employer. See Indiana Code 22-9-5-9
- medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
- service animal: refers to an animal trained as:
Indiana Code 22-9-5-9.5
(1) all entering employees are subjected to the examination regardless of disability;
(2) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that:
(A) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;
(B) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and
(C) government officials investigating compliance with this chapter shall be provided relevant information on request; and
(3) the results of the examination are used only in accordance with this chapter.
(d) A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job related and consistent with business necessity.
(e) A covered entity may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job related functions. Information obtained under this subsection is subject to the requirements of subsection (c)(2) and (c)(3).
(f) A covered entity may not interfere, directly or indirectly, with the use of an animal that has been or is being specially trained as a service animal.
(g) A covered entity may not refuse to permit an employee with a disability to keep a service animal with the employee at all times in the place of employment.
As added by P.L.111-1992, SEC.4. Amended by P.L.155-2009, SEC.7.