Pre-Employment Screening

What can a prospective employer ask me to do prior to being offered a job?  Can a prospective employer ask me to submit to drug screening? If so can a prospective employer look for legally prescribed drugs as well as illegal drugs?  Can a prospective employer ask me to submit a financial report? Can a prospective employer run a credit report before offering me a job?

Applying for, and hoping to get offered, new employment can be a very stressful time.  Many California employees don't know what rights they have when a prospective employer asks for sensitive and private information.  The following is a brief synopsis of what a prospective employer can and cannot do.

Credit Reports

Beginning January 2012, for the most part employers in California cannot run credit reports on prospective employees. There are some exceptions. An employer can seek a credit report for an employee who may be placed in (1) a position in the state Department of Justice, (2) a managerial position, (3) that of a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, (6) a position in which the person is or would be a named signatory on the employer’s bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer’s behalf, (7) a position that involves access to confidential or proprietary information, as specified, or (8) a position that involves regular access to $10,000 or more of cash.  Other than these eight situations an employer cannot run a credit report on a job applicant.

Even if a prospective employer can have you submit to a credit report, the law requires written notice to the prospective employee from the employer indicating the employer intends to seek a credit report and exactly why, under the law, the employer believes it is required.    For more information about the 2012 changes go here.

Drug Testing

Whether or not an employer can send a prospective employee for a drug test before offering employment is not as clear cut as the issue of credit reports.  Technically no employer can make any employee submit to physical or mental testing unless there is a job related reason.  As a practical matter, all employers get around this by claiming that drug testing is required to maintain a workplace free from illegal drug use.  Courts routinely uphold these drug tests as OK and employers can fire or refuse to hire employees who refuse to test or test positive for illegal drugs.  Problems can occur, however when an employee has a legitimate medical condition for which the employee takes prescription drugs that the employer believes are drugs of abuse.  If this happens to you it is best to get in touch with an attorney to find out what your rights are.

Illegal questioning in Employment Interviews


In California it is illegal for an employer to discriminate against any employee or prospective employee based on their age (over 40), race, religion, gender, medical condition, disability, sexual orientation, national origin, or family size.  Generally employers should not be asking a prospective employer questions about these areas during an employment interview.  An exception is that an employer can ask a prospective employee if they will require an accommodation of any type in order to perform the job duties.  If you believe an employer has discriminated against you please call Gienapp Law at 619-234-3054 or visit our web site.