Why did POST add regulations covering the timing of the background investigation relative to the Conditional Offer of Employment (COE)?
A.The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) separate the pre-employment hiring process into two phases, punctuated by the conditional offer of employment. Disability-related inquiries and assessments must be deferred until the post-offer stage. Also, for the offer to be considered valid, all non-disability related inquiries must be made prior to the offer. Although the bulk of the background investigation does not involve issues of disability, there are background areas of inquiry that must be deferred until the post-offer stage. A few examples include inquiries related to the extent of past illegal drug use, the extent of past or current use of alcohol, use of sick leave, impulse control problems, etc. Whether and how to partition the background investigation into pre and post offer phases is a decision that each department must make based on careful consideration of the pre-offer prohibitions of the ADA and FEHA, and with the
