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I was recently given a conditional job offer as a county social worker. What type of pre-employment physical exam can they use?
Anonymous2 views1 answers
The conditional job offer is contingent upon passing a pre-employment physical exam. I went to a local medical office the county referred me to, where they conducted the exam. Apparently, the county contracts with another business, where they review the medical information and make a recommendation to the county. The examining medical doctor at the clinic is not allowed to give a medical opinion, just gather and submit the information to the other business. I was advised that I need to get clearance from a general surgeon regarding a small iguinal hernia. The county gave me 14 days to get this information. The earliest date the general surgeon's office has an appt. opening is past the 14 day deadline. The county will not give me an extension to get a medical clearance. Is this legal?
The subject of your question asks what type of pre-employment physical exam an employer can use. Under the California Fair Employment and Housing Act, before offering a job, an employer cannot ask a job applicant to undergo a medical exam. Unless the applicant asked for reasonable accommodation during the hiring process, an employer cannot ask about a disability or the nature of a disability. An employer may ask about an applicant’s ability to perform essential job functions.
After a job offer is made but before the individual has started work, an employer may require a medical or psychological exam or ask medical of psychological questions provided the exam or inquiry is job-related, consistent with business necessity and all entering employees in the same job class must undergo the same exam or inquiry.
Under the federal ADA, the response is slightly different. See my legal guide here on at or .
The response to the rest of your question is a combination of law, procedure and strategy, and should be discussed with an experienced employment attorney. Public employers often have very detailed procedural requirements. If those requirements tend to rule out a significant group of people, it may be possible to challenge the requirement itself. Also, there is often a difference between what a potential government employer *has* to and what it is *willing* to do. Looks like you will not be hired if you try to follow the instructions to a T, so it makes sense to keep pushing, politely and respectfully.
For a list of employment attorneys in your geographic area, go to and search the membership list. You can do this by county to find attorneys close to you. You can also include a search term for attorneys who represent public sector employee and applicants.
I wish you the best in this very difficult job market.