Legal Question in Employment Law in California
To make a long story short; I was offered employment; I was told I needed to pass a background check and a drug test, initially; come to find out; other than for reasonable "checks" such as a urine test for drug use, a work history check and a criminal / financial check, I was told specifically told that a complete physical needed to be performed and that I needed to pass the physical to come on-board, essentially to be hired, officially; the physical consists of blood-work, a chest x-ray, breathing tests, heart scan - check and hearing and vision test among other things; is this legal for a company to REQUIRE and MANDATE that a qualified candidate who already went through the grueling interview process and was offered the position to under-go such private medical tests and for that matter be judged as to whether I can be "officially" hired and or to come on-board??? I am not a lawyer, but there seems to something fundamentally wrong here....
1 Answer from Attorneys
Of course they can impose testing. You don't have to comply, but they don't have to hire you. The employer is entitled to set hiring standards and requirements as they please, so long as those do not amount to illegal discrimination, as defined under the disability, age, race, sex, ethnic, religion, pregnancy, medical privacy, or similar statutes. You aren't "qualified" unless and until you pass their tests.
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