Legal Question in Employment Law in California

Questions asked off employment application

I'm on a hiring team for a Police Agency. We use to ask questions

related to using illegal narcotics, if we would find anything negatvie

on the applicant during the Background phase, and most recently we've

been told by our HR rep that we can't even ask questions directly

written on the application such as:

speeding tickets, arrests and convictions, terminations. I'm fairly

certain my HR Rep is an idiot, and even more than that he's incredibly

stuborn. I need accurate information to jam him with.

I'm a Police Sergeant in charge of hiring. The old questions we used

went like this:

As a police officer you are required by law to arrests persons in

possession of, or under the influence of illegal drugs or narcotics.

Have you yourself ever used or possessed illegal drugs or narcotics?

Please help!

--name removed--


Asked on 11/20/99, 8:16 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Questions asked off employment application

I would have to see the individual questions to be sure but the types of questions you have described do not appear to be a problem to me. Drug questions have to be carefully worded to make sure you are not asking them to reveal legal, doctor prescribed drugs as that would be illegal. I would suggest having a complete review of the application done be your local city attorney.

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Answered on 11/22/99, 10:15 pm


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