Legal Question in Employment Law in California

''Personal'' medical form

I'm 61 years old, a veteran with a 30% rating, and work in the interstate transportation industry.

Because I'm in management, I am considered in a safety-sensitive position and subject therefore to random drug testing.

This morning I went in for a random, and the clinic had a new form in addition to what I'm familiar with. That form originated with our own corporate Medical Dept., and asked me: (1)Have you ever had a VA disability rating? (2)Have you ever undergone alcohol or drug rehab (3)Have you filed any Worker's Comp claims in the last 10 years?

My question is, of course, are these ''legal'' questions to ask me, or is it part of a ''Witch Hunt?''

Incidentally, I am the ONLY manager out of dozens, as far as I can determine, who ever were asked to answer the questions.

The only response I provided them was the medication I'm currently taking, and my signature.

Thank you


Asked on 8/10/06, 7:59 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: ''Personal'' medical form

If it's in the past, it sounds like their insurance carrier is requiring answers. It also sounds like an invasion of privacy to me. If you're undergoing alcohol or drug rehab now, that can be a concern. But the past is the past. Why should it matter?

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Answered on 8/15/06, 8:06 pm


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