Pre-employment Medical Examinations

It is a criminal offense for a Pennsylvania employer to require any employee or applicant for employment to pay the cost of a medical examination, required by the employer as a condition of employment, if the applicant or employee works for the employer for one week or more. There is an exemption for medical examinations required by law. 43 P.S. § 1001- 1003.   There is no case law interpreting this section to give guidance on whether Pennsylvania would follow the federal rules that do not consider a drug test to be a “medical examination”.