Legal Question in Employment Law in California

Re: Changing Jobs

You are nor required to inform an employer of any disability you have before you are offered a job. However, once a job is offered, the employer may require that you submit to a medical exam to determine if you are physically fit for the position you are applying for. You may be asked, at that point, if you have any limitations. You should be honest with your response. The law says that an employer must reasonably accommodate persons with disabilities who can perform the essential functions of the job with, or without, the accommodation.

Of course, the employer may feel deceived if you don't reveal the limitation up front, so how you handle interviews is very important. You should also consider applying for jobs that are less likely to aggravate your condition.

Whether you are covered by workers compensation depends on the circumstances if and when you reinjure your back. It is possible that if the job causes your injury, you will be covered but the employer's insurer may argue the injury was pre-existing and fight it.