Legal Question in Employment Law in California
Questions on employment application
I am about to accept a position with a new company. I received an employment package with the ususal stuff in it, however, there is one page on the application that bothers me. Questions such as:
A list of 100 ailments, if I have them, have been treated for them, and the outcome.
Have I or am I being seen by a psychitrist or psychologist and why?
Do I take any prescription drugs and why?
Have I ever been treated for drug or alcohol addiction?
Have I ever file a workers comp claim?
Have I been hospitalized and why?
Have I been sick in the last 5 yrs?
List goes on and on.
Is this legal? Just curious
2 Answers from Attorneys
Re: Questions on employment application
All of those questions sound illegal and a violation of your right to privacy -- as well as, possibly, the privacy protections found in federal law -- HIPAA, and state and federal disability law.
Re: Questions on employment application
All persons have a right to medical confidentiality and the questions asked violate that right, as well as create the potential for a disability discrimination lawsuit.
Once a job is offered to the applicant, an employer may legally require that the applicant pass a physical, which often includes a drug screen, to determine if the employee is physically able to perform the essential functions of the job. But even then, the employer may only know that the applicant can perform the job, not the specifics of a person's medical background, unless the applicant agrees to sign a waiver, which they need not do.
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