Legal Question in Employment Law in California
I applied for a job and was given a conditional offer of employment contingent upon passing a physical and psychological evaluation. I was notified by the employer that I had not passed the psychological evaluation and was therefore disqualified from the hiring process. I read california code of regulations 11071 (b)(2), and requested a second opinion before a final determination of disqualification was made. The employer informed me that it was my right to get a second opinion but that they would not consider it because it is their policy to go with their evaluator. The employer informed me that I was disqualified from further consideration. Do I have a legitimate grievance under CCR section 11071? If so, what are my legal options?
1 Answer from Attorneys
Consideration of a second opinion is discretionary and subject to the policies of the department. If their department elects not to consider second opinions you have no legal recourse.
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