Morgan County Schools
Bylaws & Policies
 

3160 - PHYSICAL/MENTAL EXAMINATION

The Board of Education or Superintendent reserves the right to require, after a conditional offer of employment, that the successful candidate submit to an examination in order to determine the physical and/or mental capacity to perform the essential functions of the position with or without reasonable accommodation, provided that the Board requires other successful candidates for the same position (or job classification) to do so. The Board also reserves the right to require employees to submit to such examinations. Such examinations shall be done in accordance with the Superintendentís guidelines.

Employees will be required to execute a release that complies with the requirements of the Health Insurance Portability and Accountability Act in order to allow the report of the medical examination to be released to the Board/Superintendent and to allow the Superintendent or his/her designee to speak to the health care provider who conducted the medical examination in order to get clarification (see Form 3160 F2).

Such report should indicate whether the candidate can perform the essential functions of the position, with or without reasonable accommodation.

In compliance with the Genetic Information Nondiscrimination Act (GINA) and Board Policy 3122.02, the successful candidate who is required to submit to a medical examination, as well as the health care provider that is designated by the Board to conduct the examination, are directed not to collect genetic information or provide any genetic information, including the candidateís family medical history, in the report of the medical examination.

Employees will be notified of the results of the medical examination upon receipt. Any and all reports of such examination will be maintained in a separate confidential personnel file in accordance with the Americans with Disabilities Act, as amended ("ADA") and the Genetic Information Nondiscrimination Act (GINA).

In the event of a report indicating that the candidates is not qualified to perform the positionís essential functions, with or without reasonable accommodation, the Superintendent, upon a conference with a physician and substantiation that the condition will not allow the employee to fulfill the essential functions of the job, will make a recommendation to the Board of non-employment.

The Board shall assume any costs for required examinations.

WV Code 16-3D-3
West Virginia Code 18A-2-10
42 U.S.C. 12101 et seq. Americans with Disabilities Act of 1990, as amended
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act
29 C.F.R. Part 1630
29 C.F.R. Part 1635

Revised 3/21/17

© Neola 2016