Cal. Code Regs. Tit. 2, § 11070 - Pre-Employment Practices

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(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.


Cal. Code Regs. Tit. 2, § 11070

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1 and 12940, Government Code.

1. Change without regulatory effect renumbering former section 7294.1 to new section 11070 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. Amendment of subsection (b)(3) filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).

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