Legal Question in Business Law in California
My husband was offered a job at a yogert factory in Los Angeles. They wanted him to start the beginning of December. However, after the drug test. My husband takes pain killers for an old injury. They demanded that his pain doctor write a letter saying that my husband was safe and could function well even thought he was taking the pain medicine. The doctor wrote the letter but now they called him to say that he needs to have his orthopedic doctor contact them and give them information on his "joints". My husband has not been to an orthopedic doctor in years. First, does he have to give them his medical information? Should we sue the company because we feel that they are just d trying to find some way of taking back their initial job offer?.
2 Answers from Attorneys
Drug addiction and abuse in the workplace, and worker safety are totally legitmate concerns for any employer, all the more so in a factory environment where machinery and equipment must be used safely and workers must be in safe physical condition to use and operate them. If an employer hires an employee with known health or drug issues, including prescription drug abuse and/or addiction, or orthopedic impairments, they put themselves at huge risk for workers compensation, OSHA and general civil liability, and put the employee's co-workers at risk as well. If they wanted to rescind the offer they could have come up with any number of ways to do it that would be easier and more straightforward than asking for medical information. If the employer uses the information in violation of HIPPA or to discriminate on the basis of disability, then you might have a case, but not when they ask for information that is of legitimate concern. If you and your husband don't want to give it, find another job.
Sue? You haven't stated any basis for that. Employers are entitled to determine the medical condition of prospective employees, and use such inquiry as described. They could require him to submit to full physical and mental exam if they wanted and were willing to pay for it. They can't disclose or 'broadcast' any personal confidential medical info to anyone without a need to know. IF he had a legally recognized 'disability' they would have to attempt to reasonably accommodate it, and could not make adverse employment decisions on that basis. Remember, unless he is in a union, or had a written employment contract, he is an 'at will' employee that can be hired and fired for any reason at any time.
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