May a Maryland employer require that an employee or applicant submit to a medical examination?
Maryland law does not prohibit an employer form requiring an applicant or employee from submitting to a medical examination; however, the employer cannot require that the employee pay for the medical examination or for the cost of furnishing medical records. Employers should be aware, however, of the restrictions on such an examination 92 posed by the federal Americans with Disabilities Act (ADA). The ADA prohibits pre-employment medical examinations until conditional offer of employment has been extended. Thereafter, the results of the examination may not be used to deny employment unless the employer can demonstrate that the medical impairment which prompts the decision not to move forward with the offer is directly related to the job for which the person was to be employed and that the decision is supported by business necessity.
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- May a Maryland employer require that an employee or applicant submit to a medical examination?
