To determine the person's capability to perform available employment, an employer may legally request or require a physical examination, which may include a medical history, provided all the following prerequisites are met:
- An offer of employment has been made on the condition that the person meets the physical or mental requirements of the job (exception: a law enforcement agency filling a peace officer position may require a psychological examination prior to making a job offer);
- The examination tests only for essential, job-related abilities;
- The examination, except for Workers' Compensation Act-related exams, is required of all people conditionally offered the same position, regardless of disability; and
- The information obtained is collected and maintained separately and is treated as a confidential medical record, subject to limited access, or purposes enumerated by Minnesota Statute §363A.20, subd. 8.
Any person who is illegally required to provide health-related information or other prohibited information is an aggrieved party. Minnesota Statute §363A.08, subd. 4(b).