Authority: IC 22-9-5-27

Affected: IC 22-9-5

Sec. 11. (a) A covered entity may:

1. (1) make preemployment inquiries into the ability of an applicant to perform job-related functions; or
2. (2) ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions.

(b) A covered entity may:

1. (1) require a medical examination (or inquiry) after making an offer of employment to a job applicant and before the applicant begins his or her employment duties; and
2. (2) condition an offer of employment on the results of such examination (or inquiry), if all entering employees in the same job category are subjected to such an examination (or inquiry) regardless of disability.

(c) Information obtained under subsection (b) regarding the medical condition or history of the applicant shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, with the following exceptions:

1. (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
2. (2) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.
3. (3) Government officials investigating compliance with this article shall be provided relevant information on request.

The results of such examination shall not be used for any purpose inconsistent with this article.

(d) Medical examinations conducted in accordance with this section do not have to be job-related and consistent with business necessity. However, if certain criteria are used to screen out an employee or employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related and consistent with business necessity, and performance of the essential job functions cannot be accomplished with reasonable accommodation as required in this article.

(e) A covered entity may:

1. (1) require a medical examination (or inquiry) of an employee that is job-related and consistent with business necessity; and
2. (2) make inquiries into the ability of an employee to perform job-related functions.

(f) Information obtained under subsection (e) regarding the medical condition or history of any employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, with the following exceptions:

1. (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
2. (2) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.
3. (3) Government officials investigating compliance with this article shall be provided relevant information on request.

(g) Information obtained under subsection (e) regarding the medical condition or history of any employee shall not be used for any purpose inconsistent with this article.

(h) A covered entity may conduct voluntary medical examinations and activities, including voluntary medical histories, that are part of an employee health program available to employees at the work site.

(i) Information obtained under subsection (h) regarding the medical condition or history of any employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, with the following exceptions:

1. (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
2. (2) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.
3. (3) Government officials investigating compliance with this part shall be provided relevant information on request.

(j) Information obtained under subsection (h) regarding the medical condition or history of any employee shall not be used for any purpose inconsistent with this article.

(Civil Rights Commission; 910 IAC 3-3-11; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1522; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)