When Medical Exams and Inquiries Are Permitted

Disability discrimination laws restrict your right to require medical exams or ask applicants and employees about disabilities. Untimely or unnecessary inquiries about health issues or disabilities leave you in a vulnerable position if you later take adverse action against the applicant or employee.

The only three points in time when you may inquire about disabilities or require medical examinations are: offer, post-offer and during employment. FEHA provides more protection to employees than does the ADA.

  • Inform supervisors and safety personnel of job restrictions related to a disability, especially when job accommodations are required. Also remind these personnel that employee medical records are confidential.