Legal Question in Employment Law in California
Can a potential employer require that the potential employee go through their private counseling program (where detailed questions about the potential employee's sexual past will be asked) before being cleared to be hired?
1 Answer from Attorneys
If the discussions in the counseling are subject to therapist/client confidentiality, even if the confidenitality of the conclusions is waived, and none of the content is in fact disclosed, much less made a part of the hiring process, probably yes. Personally, if I were advising the employer, I would discourage it, but I believe it could be structured so as to be legal. If any information that it is illegal to base a hiring decision on is disclosed to anyone making the hiring decisions, however, I can't think of any way to make it legal.