Pre-Employment Medical Exam Laws in California

The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., prohibits covered employers (15+ employees) from requiring medical exams or asking disability-related questions before making a conditional job offer. After a conditional offer is made, employers may require a medical exam if it is required of all applicants for that job category. The EEOC enforces these rules under 29 CFR § 1630.2(h).

Under the ADA, all medical information obtained through pre- or post-offer exams must be kept confidential and stored separately from the applicant's personnel file. Employers cannot use medical exam results to discriminate against applicants with disabilities unless the disability prevents performance of essential job functions that cannot be reasonably accommodated. The ADA also protects applicants from disability-related inquiries before a conditional offer, even if the inquiry is disguised as a general health question.

Remedies under federal law include back pay, front pay, compensatory damages for emotional distress, punitive damages (up to $300,000 for large employers), attorney fees, and litigation costs. Applicants must file an EEOC charge within 180 days of the violation in non-deferral states, or 300 days if California is a deferral state (it is).

California strengthens federal protections through California Government Code § 12940, which prohibits discrimination in all terms and conditions of employment based on disability. Unlike the ADA's 15-employee threshold, California's Fair Employment and Housing Act (FEHA) covers employers with just 5 or more employees, significantly expanding protection for applicants at smaller businesses.

California Government Code § 12952 goes further than federal law by explicitly requiring that all medical examinations, medical histories, and medical information be kept confidential and in a separate file from the personnel file. This includes pre-employment medical exams, post-offer exams, and fitness-for-duty examinations. The law also restricts genetic testing and genetic information in employment decisions under California Labor Code § 432.3, which is stronger than federal protections—employers cannot require or request genetic tests, genetic information, or family medical history as a condition of employment or promotion.

California law prohibits any medical inquiry or examination before a conditional job offer is made, consistent with the ADA. However, California provides additional protections: applicants cannot be asked to disclose disability status, medical conditions, medications, or family medical history during the pre-offer stage, even informally. After a conditional offer, post-offer medical exams must be job-related and consistent with business necessity—simply giving the same exam to everyone does not automatically justify it.

California courts interpret the FEHA broadly, holding that employers cannot screen out applicants with disabilities based on speculative concerns about future performance. Applicants have 300 days to file a complaint with the California Department of Fair Employment and Housing (DFEH), or they can file a civil lawsuit directly. Remedies under state law include compensatory damages (pain and suffering, lost wages, emotional distress), punitive damages, attorney fees, and litigation costs—typically more generous than federal EEOC settlements.

Pre-employment medical exams are prohibited in California with narrow exceptions. Employers may conduct medical exams before a conditional offer only in limited circumstances: if the exam is required by law (e.g., commercial driver's license physicals, certain safety-sensitive positions), or if the exam is non-medical in nature (e.g., functional capacity test that does not reveal disability).

After a conditional offer is made, employers can require medical exams if they are required of all applicants for that job category, regardless of disability status. However, the exam must be job-related and consistent with business necessity. For example, a construction company can require a post-offer exam for heavy equipment operators if the exam measures ability to perform essential functions like balance, strength, or vision.

An important exception applies to employees already on the job: employers can conduct fitness-for-duty exams if they have reasonable cause to believe an employee cannot perform essential job functions due to a medical condition. However, the exam must be job-related and not pretextual.

Unions and collective bargaining agreements may establish different rules for union members, but they cannot weaken California's baseline protections. At-will employment does not override these restrictions—an employer cannot ask a confidential reference to disclose an applicant's medical history as a workaround.

Small employers (fewer than 5 employees) are not covered by California's FEHA but are still covered by the ADA if they have 15+ employees. Employers in regulated industries (healthcare, transportation, law enforcement) may have additional legal obligations, but those do not justify pre-offer medical exams except where specifically mandated by federal or state law.

Step 1 — Document Everything: Write down the date, time, and content of any request for medical information or exam requirement before a conditional offer. Save all emails, application forms, verbal conversation summaries, and names of witnesses. If you were asked about your medical history, medications, disabilities, family medical history, or required to undergo a physical exam, document exactly what was asked and by whom. Take screenshots of online applications that ask disability-related questions. Request and keep copies of any exam results or medical reports generated.

Step 2 — Internal Complaint (Optional but Recommended): If the employer is large enough to have an HR department, submit a written complaint to HR immediately after the violation. Send it by email with read receipt or in person with a witness, and keep a copy. State: 'I was asked about [medical information] or required to take a medical exam before receiving a conditional job offer. This violates the ADA and California Government Code § 12940. I request an investigation and confirmation that this will not happen again.' Do not expect much response, but your complaint creates a paper trail and may trigger an internal investigation. Even if you do not report internally, proceed to Step 3.

Step 3 — File a Complaint with the DFEH: Contact the California Department of Fair Employment and Housing (DFEH) at dfeh.ca.gov or call 1-888-412-DFEH (3334). You must file within 300 days of the violation. Download the DFEH complaint form or call to request one. Provide: (1) your name, address, and phone number; (2) the employer's name, address, and size; (3) date of the violation; (4) specific details of what medical information was requested or what exam was required; (5) the names of people who heard or witnessed the request; (6) copies of all documentation (emails, forms, exam records). The DFEH will assign your complaint a case number. You can also file a civil lawsuit directly in California court without filing with the DFEH first, but filing with the DFEH is recommended because it triggers a free investigation.

Step 4 — Investigation and Mediation: The DFEH will send a copy of your complaint to the employer, who has 30 days to respond. The DFEH investigator will contact you and the employer, request additional documents, and may interview witnesses. This process typically takes 3 to 6 months. The DFEH will determine whether there is reasonable cause to believe discrimination occurred. If the DFEH finds reasonable cause, it will attempt mediation between you and the employer. If mediation fails or the DFEH issues a right-to-sue letter, you can proceed to civil court. Many cases settle during mediation.

Step 5 — Consult an Employment Law Attorney: If the DFEH investigation is moving slowly, or if the employer is large and the violation is clear, consider consulting an employment discrimination attorney immediately. California attorneys often work on contingency (you pay nothing unless you win), so contact is free. An attorney can file a civil lawsuit in California Superior Court, which may be faster than the DFEH process and allows you to seek more damages. The attorney will investigate the employer's hiring practices, subpoena HR records, and depose witnesses. If you win, the employer must pay your attorney fees and costs.