(a) Prohibited medical examinations or inquiries. Except as stated
in paragraphs (b) and (c) of this section, it is unlawful for the
contractor to require a medical examination of an applicant or employee
or to make inquiries as to whether an applicant or employee is a special
disabled veteran or as to the nature or severity of such a veteran's
disability.
(b) Permitted medical examinations and inquiries. (1) Acceptable
pre-employment inquiry. The contractor may make pre-employment inquiries
into the ability of an applicant to perform job-related functions, and/
or may ask an applicant to describe or to demonstrate how, with or
without reasonable accommodation, the applicant will be able to perform
job-related functions.
(2) Employment entrance examination. The contractor may require a
medical examination (and/or inquiry) after making an offer of employment
to a job applicant and before the applicant begins his or her employment
duties, and may condition an offer of employment on the results of such
examination (and/or inquiry), if all entering employees in the same job
category are subjected to such an examination (and/or inquiry)
regardless of their status as a special disabled veteran.
(3) Examination of employees. The contractor may require a medical
examination (and/or inquiry) of an employee that is job-related and
consistent with business necessity. The contractor may make inquiries
into the ability of an employee to perform job-related functions.
(4) Other acceptable examinations and inquiries. The contractor may
conduct voluntary medical examinations and activities, including
voluntary medical histories, which are part of an employee health
program available to employees at the work site.
(5) Medical examinations conducted in accordance with paragraphs
(b)(2) and (b)(4) of this section do not have to be job-related and
consistent with business necessity. However, if certain criteria are
used to screen out an applicant or applicants or an employee or
employees who are special disabled veterans as a result of such
examinations or inquiries, the contractor must demonstrate that the
exclusionary criteria are job-related and consistent with business
necessity, and that performance of the essential job functions cannot be
accomplished with reasonable accommodations as required in this part.
(c) Invitation to self-identify. The contractor shall invite
applicants to self-identify as being covered by the Act, as specified in
Sec. 60-250.42.
(d) Confidentiality and use of medical information. (1) Information
obtained under this section regarding the medical condition or history
of any applicant or employee shall be collected and maintained on
separate forms and in separate medical files and treated as a
confidential medical record, except that:
(i) Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the applicant or employee and
necessary accommodations;
(ii) First aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment; and
(iii) Government officials engaged in enforcing the laws
administered by OFCCP, including this part, or enforcing the Americans
with Disabilities Act, shall be provided relevant information on
request.
(2) Information obtained under this section regarding the medical
condition or history of any applicant or employee shall not be used for
any purpose inconsistent with this part.
