Can the department disqualify a candidate if the physician determines that he/she is medically suitable?
A.POST authority does not extend to candidates who are not hired. However, the authority of the Equal Employment Opportunity Commission and the California Department of Fair Employment & Housing does include all applicants. Therefore, if the hiring authority were to disqualify a candidate for medical reasons, despite a screening physician’s determination that the candidate is medically suitable, the department should be prepared to defend that decision as lawful in the eyes of the ADA and FEHA.
Related Questions
- Can the department disqualify a candidate if the psychologist determines that he/she is psychologically suitable?
- Can the department disqualify a candidate if the physician determines that s/he is medically suitable?
- Does an elective course or two in Asian history, religion, language, or art disqualify a candidate?
