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Federal and state laws protect an individual with a disability or medical condition that affects their ability to perform a job’s essential functions or those of a job for which they are applying. These laws also prohibit discrimination against a qualified individual based on a disability or medical condition. You must provide reasonable accommodation for an employee’s or applicant’s disability or medical condition if, with such accommodation, they can perform the job’s essential functions without causing undue hardship.
Federal and state laws regulate when you can request or require a physical examination or medical information from an employee or applicant and when you can request or require medical information from a physician about an employee or applicant. These laws also regulate how you can use that information.
Medical condition under state law includes genetic characteristics.1 Employers are prohibited from taking adverse action based on the presence of a genetic characteristic. Employers are also prohibited from testing for the presence of a genetic characteristic.2
California and federal laws also prohibit employers from taking certain actions based on genetic information. It is an unlawful employment practice under FEHA to base an employment decision such as hiring, firing or promoting, on genetic information.3 Genetic information is also protected under the federal Genetic Information Nondiscrimination Act (GINA).
For more information on discrimination and employers’ obligation to accommodate a disability or medical condition, see Disabilities & Accessibility. For more information on genetic testing and genetic information, see “Genetic Information Nondiscrimination Act (GINA) Regulations” in Keeping Medical Information Private, and see Employers Cannot Discriminate on the Basis of Genetic Characteristics.
1. Govt. Code sec. 12926(i)
2. Govt. Code sec. 12940
3. Govt. Code sec. 12940