Legal Question in Employment Law in California
Medical Information
Can an employer ask for your Medical History and what Medication are you taking?
2 Answers from Attorneys
Re: Medical Information
Employers can do whatever they want -- they hire, fire and write the checks. Now, as to whether it's legal, a whole 'nother question. It is illegal to require an employee to provide his/her medical history -- there are a number of laws that may be violated, the most obvious one is the Confidentiality in Medical Information Act, which guarantees confidentiality. What to do about it? It really depends on the rest of the facts surrounding the request, but you should most likely object in writing to your boss, and to the human resources department -- that way you will have a written record of complaint; and if they later try to fire you, you can point to this as the reason (and you would have a claim for wrongful termination.) Feel free to provide more detail to my private email below. Good luck.
Re: Medical Information
It depends on whether you are an applicant or already employed, what the job is, and what the reason and justification is for asking.
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