Cal. Code Regs. Tit. 2, § 11070 - Pre-Employment Practices
(a) Recruitment and Advertising.
(1) Employers and other covered entities
engaged in recruiting activities shall consider applicants with or without
disabilities or perceived disabilities on an equal basis for all jobs, unless
pursuant to a permissible defense.
(2) It is unlawful to advertise or publicize
an employment benefit in any way that discourages or is designed to discourage
applicants with disabilities from applying to a greater extent than individuals
without disabilities.
(b)
Applications and disability-related inquiries.
(1) An employer or other covered entity must
consider and accept applications from applicants with or without disabilities
equally.
(2) Prohibited Inquiries.
It is unlawful to ask general questions on disability or questions likely to
elicit information about a disability in an application form or pre-employment
questionnaire or at any time before a job offer is made. Examples of prohibited
inquiries are:
(A) "Do you have any
particular disabilities?"
(B) "Have
you ever been treated for any of the following diseases or
conditions?"
(C) "Are you now
receiving or have you ever received workers' compensation?"
(D) "What prescription medications are you
taking?"
(E) "Have you ever had a
job-related injury or medical condition?"
(F) Have you ever left a job because of any
physical or mental limitations?
(G)
"Have you ever been hospitalized?"
(H) "Have you ever taken medical
leave?"
(3) Permissible
Job-Related Inquiry. Except as provided in the ADA, as amended by the ADA
Amendments Act of 2008 and the regulations adopted pursuant thereto, nothing in
Government Code Section
12940(d),
or in this subdivision, shall prohibit any employer or other covered entity, in
connection with prospective employment, from inquiring whether the applicant
can perform the essential functions of the job. When an applicant requests
reasonable accommodation, or when an applicant has an obvious disability, and
the employer or other covered entity has a reasonable belief that the applicant
needs a reasonable accommodation, an employer or other covered entity may make
limited inquiries regarding such reasonable accommodation.
(c) Interviews. An employer or other covered
entity shall make reasonable accommodation to the needs of applicants with
disabilities in interviewing situations, e.g., providing interpreters for the
hearing-impaired, or scheduling the interview in a room accessible to
wheelchairs.
Notes
2. Amendment of subsection (b)(3) filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1 and 12940, Government Code.
2. Amendment of subsection (b)(3) filed 12-9-2015; operative
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