Employers usually ask job applicants questions to assess if they are suitable for a position and how well they will fit into the company’s culture. However, the federal and state governments have limits regarding the questions that can be asked. One of the prohibited subjects to ask about is medical conditions or disabilities.
You should be concerned if an employer:
Requires a medical or psychological examination
The Fair Employment and Housing Act (FEHA) prohibits employers from requiring any medical or psychological examination before making an employment offer. This act prohibits employers from even inquiring about this matter.
However, after a job offer is made and before an employee starts their duties, an employer may require a medical or psychological examination or inquire about it, provided that the examination or inquiry is job-related and consistent with business necessity. Besides, every new hire in the same job category should be subjected to the examination or inquiry. You should not be singled out.
Asks whether you have a mental or physical disability
Employers in California are prohibited from asking whether an applicant or employee has a mental/physical disability or medical condition. This prohibition applies to direct questions, such as, “Do you have any disabilities?” or Have you ever been treated for a mental health condition?” and indirect questions like “Do any health conditions run in your family?” or “How many sick days did you take in your previous job?”
Inquiries about the nature and severity of your medical condition
Generally, an employer is not allowed to inquire about the nature and severity of a candidate’s or employee’s mental/physical disability or medical condition. For instance, after an examination or if the disability is obvious.
Employers are, in most cases, prohibited from asking questions about medical conditions. If you believe an employer asked you an inappropriate question, get more information to know what to do.