After a job offer has been made, you can require the worker to undergo a physical examination at your expense before beginning employment. To be lawful, the employer and employee must complete all non-medical aspects of the application process prior to conducting the examination.

All entering employees in the same job classification must be subject to the same examination.1 An employer may withdraw an offer of employment based on the results of an examination only if the applicant is unable to perform the essential duties of the job with or without reasonable accommodation.

After an individual begins employment, California law requires any examination to be job-related and consistent with business necessity.

You cannot require an employee or applicant to pay for any physical examination required as a condition of employment or required by any federal, state or local government law or regulation. You cannot make deductions from an employee’s compensation to pay for these exams.2 If you require an employee to have a driver’s license as a condition of employment, you must pay for any physical exam that may be required to issue the driver’s license unless the physical exam occurred prior to the time the employee applied for the job.3

The ADA and FEHA address several issues surrounding the right to require physical examinations. They impose strict limitations on the use of information obtained from physical examinations and medical inquiries. For more information, see Medical Exams and Inquiries.

1. Gov’t. Code sec. 12940(e)