The District may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, receipt of a valid medical examination certificate when required by law, provided:
I. All entering employees in the same job category are subjected to such an examination regardless of disability;
II. 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 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 the Americans with Disabilities Act shall be provided relevant information on request; and
III. The results of such examination and valid medical examination certificate shall be maintained and used only in accordance with Nebraska Department of Education Rule 91 and the Americans with Disabilities Act.
The District shall not otherwise require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.
Americans with Disabilities Act
92 NAC 91