When Medical Exams and Inquiries Are Permitted

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

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

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