§ 3-701. Medical questions

   (a) Scope of section. -- This section does not prohibit a proper medical evaluation by a physician to assess the ability of an applicant to perform a job.

(b) Prohibited activity. -- An employer may not require an applicant for employment to answer an oral or written question that relates to a physical, psychiatric, or psychological disability, illness, handicap, or treatment unless the disability, illness, handicap, or treatment has a direct, material, and timely relationship to the capacity or fitness of the applicant to perform the job properly.

(c) Rights of applicant. -- If an employer violates any provision of subsection (b) of this section, an applicant for employment may:

   (1) submit to the Commissioner a written complaint; or

   (2) bring an action for injunctive relief, damages, or other relief.

(d) Power of Commissioner. -- Whenever the Commissioner determines that this section has been violated, the Commissioner may try to resolve any issue involved in the violation informally by mediation.

HISTORY: An. Code 1957, art. 100, § 95A; 1991, ch. 8, § 2.