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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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We require a clear driving record, background check, drug

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We require a clear driving record, background check, drug screening and pre employment physicals as a condition of employment for our company.However, we don't check the DMV record prior to the background check process. It is my understanding in California that our requirement of a drug screening, background checks, and pre employment physicals can not be obtain until an offer of employment has been made and accepted.So if I understand the regulations correctly, we can obtain a DMV record on a potential employee as part of the interview process as long as we do so separate from a background check, is this correct?We also provide with our application a release form for the DMV to get the driving records. I just wanted to make sure a DUI or driving issues are not a "protect" class under CA discrimination laws. The argument that drug and alcohol abuse is a disease concerns me as applied or may be applied via ADA regulations especially with the addition of metal illness now be protected by the ADA.Sincerely,
Mardi Meadors
Integrated Performance Consultants, Inc.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

You're correct in your understanding of the preemployment testing process. You can get the DMV record before job offer for certain. Getting medical records – i.e. physicals and drug screening – would have to wait until after job offer.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 3 months ago.
Thanks you for your confirmation. Can you please address this portion of my original question?I just wanted to make sure a DUI or driving issues are not a "protect" class under CA discrimination laws. The argument that drug and alcohol abuse is a disease concerns me as applied or may be applied via ADA regulations especially with the addition of metal illness now be protected by the ADA.

It's okay to ask about convictions that arise out of driving; i.e., a DUI. I would be hesitant to ask about "driving issues" because I feel like you open the door to for them to talk about disabilities etc. Hope this answers your questions. Thanks.

John and 4 other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
Thanks you.