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HR LibraryDisabilities and AccessibilityWhen Medical Exams and Inquiries Are Permitted

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Recruiting and Advertising and Disability-Related Inquiries

Employers must consider applicants with or without disabilities or perceived disabilities equally, and accept their applications on an equal basis.1

Employers may not advertise an employment benefit in any way that may discourage applicants with disabilities from applying or ask questions likely to elicit information about a disability any time before a job offer is made. Examples of unlawful questions include:

“Do you have any particular disabilities?”
“Have you ever been treated for any of the following diseases or conditions?”
“Are you now receiving or have you ever received Workers’ Compensation?”
“What prescription medications are you taking?”
“Have you ever had a job-related injury or medical condition?”
“Have you ever left a job because of any physical or mental limitations?”
“Have you ever been hospitalized?”
“Have you ever taken medical leave?”

For more information on recruiting and hiring practices, see Recruiting and Hiring.

1. 2 CCR secs. 11070, 11070(b)

When Medical Exams and Inquiries Are Permitted