When Medical Exams and Inquiries Are Permitted

​​​​​Disability discrimination laws restrict your right to require medical exams or to ask applicants and employees about disabilities. Untimely or unnecessary inquiries about health issues or disabilities leaves you in a vulnerable position if you later take adverse action against the applicant or employee.

There are three points in time when you can inquire about disabilities or require medical examinations: offer, post-offer and during employment. FEHA provides more protection to employees than does the ADA.

  • Inform supervisors and safety personnel of job restrictions that are related to a disability, especially when job accommodations are required. Also remind these personnel that employee medical records are confidential.​​​