Are there restrictions on how employers can use a person’s disability in the hiring process?

Yes, employers in California are subject to strict laws that govern how they can use a person’s disability in the hiring process. The California Fair Employment and Housing Act (FEHA) protects individuals with disabilities from discrimination in the workplace. According to the FEHA, employers may not use a disability as a basis for any type of discrimination or to deny someone a job. The FEHA further states that employers must provide reasonable accommodations for individuals with disabilities during the job application process. These accommodations must be provided unless doing so would cause an “undue hardship” to the employer. Examples of reasonable accommodations may include providing assistance completing applications, providing written materials in alternate formats, or providing accessible interview locations. In addition to prohibiting employers from making hiring decisions based on disability, the FEHA also prohibits employers from asking about an applicant’s disability before making a job offer. This means that employers must only ask questions about an applicant’s ability to perform the essential duties of the job. Overall, employers in California must abide by the laws prohibiting discrimination in the hiring process, including the FEHA. This means that employers must ensure that they do not use disability as a basis for any type of discrimination or to deny someone a job, and must provide reasonable accommodations during the application process.

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