Sec. 11080 - Physical or Medical Examination of Applicants and Employees

ยง 11080. Physical or Medical Examination of Applicants and Employees

(a) It is not a violation of this article for an employer to require an applicant who is over 40 to undergo physical or medical examinations to determine whether or not the applicant meets the job-related physical or medical standards for the position sought so long as such examinations are uniformly and equally required of all applicants for the position, regardless of their age.

(b) It is not a violation of this article for an employer to require an employee who is over 40 to undergo a physical or medical examination at reasonable times and intervals and at the expense of the employer to determine whether or not the employee continues to meet the job-related physical or medical standards for the position held so long as such examinations are uniformly and equally required of all similarly situated employees in the particular job class regardless of their age.

(c) It is discrimination based on age to require an applicant or employee over 40 to meet physical or medical examination standards which are higher than those standards applied to applicants or employees who are below the age of 40 and are seeking or holding the same job.

(1. Change without regulatory effect renumbering former section 7295.6 to new section 11080 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).)

Note: Authority cited: Section 12935(a), Government Code. Reference: Section 12941(a), Government Code.

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