Pre-Employment Medical Exam Laws in Minnesota

The Americans with Disabilities Act (ADA), codified at 42 U.S.C. section 12101 et seq., prohibits employers with 15 or more employees from requiring medical exams or asking disability-related questions before making a conditional job offer. Once a conditional offer is extended, employers may require a medical exam if it is job-related and consistent with business necessity, provided the exam requirement applies equally to all applicants in the same job category.

The EEOC enforces the ADA and has issued extensive guidance on medical exam timing and scope. Under 29 CFR section 1630.14, an employer may condition a job offer on the results of a medical exam only if: (1) the exam is required of all entering employees in the same job category; (2) the exam is job-related and consistent with business necessity; and (3) medical information is kept confidential and stored separately from personnel files.

Employers may make initial screening inquiries about ability to perform specific job functions, but cannot ask about the existence, nature, or severity of a disability. The exam must not be more extensive than necessary to determine whether the applicant can safely perform the job. Remedies for violations include back pay, front pay, compensatory damages, punitive damages (up to $300,000 for large employers), attorney fees, and injunctive relief.

Minnesota law provides protections that track the ADA and, in certain respects, extend further. Minnesota Statutes section 363A.09 explicitly prohibits an employer from discriminating against a qualified individual with a disability in job application procedures, hiring, discharge, compensation, job training, and other terms, conditions, and privileges of employment. This statute applies to employers with one or more employees, which is broader than the federal ADA's 15-employee threshold.

Under Minnesota law, employers are prohibited from requiring or requesting medical information, genetic information, or disability-related inquiries during the recruitment and selection process unless the inquiry is specifically related to the applicant's ability to perform the essential functions of the job with or without reasonable accommodation. Minnesota Statutes section 181.645 adds another layer of protection by prohibiting employers from requesting, requiring, or purchasing genetic information about applicants or employees, or using such information in hiring decisions.

The key difference between Minnesota and federal law is the employer size threshold: Minnesota protects employees in organizations with just one employee, while the ADA applies only to employers with 15 or more. Post-offer medical exams in Minnesota must still comply with both state and federal requirements—they must be job-related, consistent with business necessity, applied uniformly to all entering employees in the same job category, and kept confidential.

Minnesota also prohibits inquiries about workers' compensation history or requests for applicants to undergo medical examinations before a conditional job offer is made. Violation of Minnesota's disability discrimination statute can result in compensatory damages, punitive damages, attorney fees, and other equitable relief through the Minnesota Department of Human Rights or private civil action under section 363A.32.

The pre-employment medical exam ban does not apply to certain narrow circumstances. An employer may conduct a pre-employment medical exam or make disability-related inquiries if: (1) the inquiry is narrowly tailored to assess job-specific abilities and the applicant's ability to perform essential job functions safely; (2) the exam is required by law or regulation (e.g., commercial driver medical certification); (3) the applicant voluntarily discloses a disability and the employer seeks clarification about functional ability; or (4) the applicant is seeking accommodation and the employer needs medical documentation to assess the feasibility of the accommodation.

Employers in certain safety-sensitive positions, such as commercial drivers, pilots, or law enforcement, may be permitted to conduct medical exams before hire if required by federal or state regulation. However, even in these cases, the exam must be job-related and consistent with business necessity. At-will employment does not exempt an employer from ADA or Minnesota disability discrimination laws—the ability to fire for any reason does not include the right to discriminate based on disability.

Unions and collective bargaining agreements do not override ADA or Minnesota protections. Employers cannot require applicants to waive their ADA rights as a condition of employment. Small employers (those with fewer than 15 employees) are exempt from the federal ADA but remain subject to Minnesota Statutes section 363A.09, which has no employer size threshold. Independent contractors are generally not covered, but the determination of independent contractor status is strict and employers cannot misclassify employees as contractors to avoid compliance.

Step 1: Document Everything. Keep detailed records of what information the employer requested, when, and how. Save all job postings, emails, verbal communications (note the date and what was said), application forms, and any medical forms or exam reports you received. Document any statements by recruiters or hiring managers about your health, disability, or medical status. If you took a medical exam before receiving a conditional job offer, obtain a copy of the exam and any results. Note the date you received the job offer (if any) and the date the medical exam was required.

Step 2: Understand the Internal Complaint Process. Most employers with human resources departments have an internal complaint procedure. Before filing externally, review your employee handbook or HR policies to see if there is a discrimination complaint process. Submit a written complaint to HR or the designated compliance officer, describing what happened, when, and that you believe it violates disability discrimination law. Keep a copy for your records and request written acknowledgment of receipt. This step is not required by law but creates an internal record and may prompt the employer to correct the violation. However, do not delay filing an external charge while waiting for an internal response.

Step 3: File a Charge with the Minnesota Department of Human Rights (MDHR). The MDHR enforces Minnesota Statutes section 363A.09. You must file within 300 days of the violation (this is longer than the federal 180-day deadline because Minnesota is a deferral state). File online at https://mn.gov/mdhr or by mail: Minnesota Department of Human Rights, 540 Park Avenue, St. Paul, MN 55103. You may also file with the EEOC, which will automatically refer your charge to MDHR. Provide: your name and contact information, the employer's name and address, the date(s) of the alleged violation, a description of what happened and why you believe it was discrimination, and the names of any witnesses. There is no filing fee. Once filed, MDHR will send you a charge number and will notify the employer.

Step 4: Expect the Investigation Process. MDHR investigators will contact the employer and request documents, including job descriptions, application materials, recruitment records, and any medical information collected. You may be asked to provide a written statement or be interviewed. The employer will be given an opportunity to respond. Investigations typically take 60 to 180 days. MDHR may issue a "probable cause" determination if it finds reasonable grounds to believe discrimination occurred, or a "no probable cause" determination if it finds insufficient evidence. If probable cause is found, the parties are offered conciliation—a settlement negotiation. If conciliation fails, the case may proceed to litigation or MDHR may issue a right-to-sue letter.

Step 5: Consult an Employment Law Attorney. If you believe you have a strong case, consult a disability discrimination attorney or employment law attorney licensed in Minnesota before or immediately after filing your charge. An attorney can advise whether the employer's conduct violates the ADA or Minnesota law, help you gather evidence, represent you in communications with MDHR or the EEOC, negotiate a settlement, and represent you in court if necessary. Many employment attorneys work on contingency (you pay nothing unless you win). Look for attorneys through the Minnesota State Bar Association (https://www.mnbar.org) or the National Employment Lawyers Association (NELA). Time is critical—while you have 300 days to file with MDHR, evidence can be lost and witness memories fade.