Prior to an offer of employment, the ADA and FEHA generally prohibit all disability-related inquiries and medical examinations, even if they’re related to the job.

At the offer stage, you can’t:1

Require any medical or psychological examination of an applicant;
Make any medical or psychological inquiry of an applicant;
Inquire about whether an applicant has a mental disability, physical disability or medical condition; or
Inquire about the nature or severity of a physical disability, mental disability or medical condition.

However, at the offer stage you are permitted to:2

Inquire about the applicant’s ability to perform essential job functions; and
Respond to an applicant’s request for reasonable accommodation.

Prohibited medical examinations don’t include testing for current illegal drug use.

If applicants request reasonable accommodation or have an obvious disability and you have a reasonable belief that they may require accommodation, you may make limited inquiries regarding the reasonable accommodation (see Disability-Related Inquiries).

At the offer stage, you can’t inquire about an applicant’s workers’ compensation history. Neither increases in workers’ compensation premiums nor medical benefit costs constitute a legitimate basis for denying a job opportunity to a qualified disabled person.

1. Govt. Code sec. 12940(e)

2. Govt. Code sec. 12940(e)

When Medical Exams and Inquiries Are Permitted

Medical Examinations and Inquiries Prior to Offer of Employment

When Medical Exams and Inquiries Are Permitted