SECTION 335:15-9-4. Pre-employment handicap inquiries

(a)   Except as provided in (b) and (c) of this section, an employer may not make pre-employment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature of severity of a handicap. An employer may, however, make preemployment inquiry into an applicant's ability to perform job-related functions.

(b)   When an employer is taking remedial action to correct the effects of past discrimination, the employer may invite applicants for employment to indicate whether and to what extent they are handicapped, provided that:

(1)   The employer states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary or affirmative action efforts; and

(2)   The employer states clearly that the information is being requested on a voluntary basis, that it will be kept confidential as provided in (d) of this section, that refusal to provide it will not subject the applicant or employee to any adverse treatment, and that it will be used only in accordance with this section.

(c)   Nothing in this section shall prohibit an employer from conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty, provided that:

(1)   All entering employees are subjected to such an examination regardless of handicap, and

(2)   The results of such an examination are used only in accordance with the requirements of this section.

(d)   Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected and maintained on separate forms that shall be accorded confidentiality as medical records, except that:

(1)   Supervisors and managers may be informed regarding restrictions on the work or duties of handicapped persons and regarding necessary accommodations;

(2)   First aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and

(3)   Government officials investigating compliance with the Act shall be provided relevant information upon request.