Legal Question in Disability Law in California

Re: ADA/EEOC: clarify post-interview, conditional job offer laws

I'm not quite sure what you are asking but to keep it simple, employers may not inquire and employees need not offer information about their health or medical condition prior to a job being offered. This is covered under the Confidentiality of Medical Information Act, in California.

Once a job has been offered, it can be made conditional, upon the employee passing a medical exam reasonably designed to show that the employee is fit for duty for the job being offered. Prospective employees may also be required to take and pass a drug screening test.

The employer may only be told whether you pass the test or not. Specific medical information is still confidential, unless you sign an authorization.

Re: ADA/EEOC: clarify post-interview, conditional job offer laws

You can do anything you like to phrase, condition or limit your responses, but ultimately a company is free to hire who it pleases. If you invite suspicion or raise doubt about your qualifications, you lose the job offer. If you aren't healthy enough to do the job, you lose. ONLY if you could PROVE illegal conduct such as discrimination against a legitmate disability in the interview process, would you have any claim. Not every problem or condition is a disability entitled to protection. Proof of illegal conduct is normally hard to come by. If you think you have it, contact me to discuss.