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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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How much information does a would be employer get from your

Customer Question

How much information does a would be employer get from your doctor ? During a pre employment drug screening a prescribed medication was found . I was told that this is not a problem and that they would contact my doctor , my question is how much information can be asked of my doctor ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under CA law, Once an employment offer has been made to an applicant, but prior to the commencement of employment duties, an employer may require a medical or psychological examination provided that:
1. The examination or inquiry is job-related and consistent with business necessity and;
2. That all entering employees in the same job classification are subject to the same examination or inquiry.

The exams are not without limitation. A medical/psychological examination/ inquiry may be made as long as the examination/inquiry is job-related and consistent with business necessity and all applicants for the same job classification are subject to the same examination/inquiry.

As for the information that may be requested from your physician, there is no list of questions that may be asked and those which ma not. An employer may not com right out and ask if your are a disabled person. But if you will drive as part of the job, then may ask about your vision and hearing, whether you have epilepsy or are otherwise unfit medically to drive. If you lift heavy objects inquiries can be made as regards XXXXX XXXXX problems or limitations on lifting, and of course, often a drug test is done to determine whether you are using any illegal drugs.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Rick. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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