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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Im applying for a new job. Can the employer asked for my medical

Customer Question

I'm applying for a new job. Can the employer asked for my medical records as far back as 10 years?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

CA does not have a specific period of time which limits an employer's inquiry into your medical background. However, your medical records are considered priveledged and not all employers or all jobs you might applu for warrant the inspection of your medical records.

If you must take and pass a pre-employment physical exam, the medical records will be available to the physician conducting the examionation.

Do you have a more specific question or issue that you are particularly concerned about?

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Customer: replied 5 years ago.
I took a pre-employment physical exam and drug screening first. I passed it, now the employer is asking for my medical records. is this right?
Expert:  LawTalk replied 5 years ago.
Good afternoon,

It may be okay, or depending on the circumstances, you may be able to refuse. What is the employer's reason for asking---I presume that they gave a reason.

Are you working there as an employee yet?

Customer: replied 5 years ago.

I was gave no reason. Yes I'm working there as a causal/supplemental worker. I'm seeking registration status in theb union.

Expert:  LawTalk replied 5 years ago.
Good afternoon,

Here is the reality of the situation. An employer is not allowed to simply demand your medical records for any reason. There must be a justifiable reason and you have no obligation to provide access to those records at this point in time.

You have the right to demand that the employer justify the records request, as they had the opportunity to request the records in the pre-employment setting.

Do understand that as a temporary worker, you might find that if you do not ultimately cooperate with the employer that they may choose to never make you a permanent employee. So you need to determine if you are objecting just because you don;t like the intrusion, or whether you really have something to hide. CA has some very strict guidelines on medical information that an employer does have on an employee---and it must be kept separate from your personnel file and not released to other people. You will have a claim for invasion of privacy if the records are not protected by the employer.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,


LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank You Doug. You were most helpful.
Expert:  LawTalk replied 5 years ago.
My pleasure. Have a great week ahead! And, thanks again.