California Preliminary Job Description Questionnaire
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FAQ
HIPAA, the primary federal law addressing health information privacy, applies to employee health insurance plans but does not apply to employers or employment records.
Under what circumstances can an employer in California request a medical diagnosis, a list of symptoms or similar information from an employee's treating physician?The date, if known, on which the serious health condition began.The probable duration of the condition.More items...
Illegal Interview Questionsrace,religious creed,color,national origin,ancestry,physical disability (including HIV-positive status) or mental disability,medical condition (specifically cancer-related conditions and genetic characteristics),marital status,More items...
Although there is no legal obligation for employers to provide job applicants or existing workers with a job description, it is good practice to prepare and maintain copies of job descriptions.
If you do require medical questionnaires to be completed, then be aware that there is no obligation on an employee to disclose information about their health. However, if they do choose to provide it, they must ensure the information they give you is true and not misleading.
Without a well-written job description, your company may be open to liability to lawsuits stemming from unfair labor practices and wrongful termination.
The California Fair Employment and Housing Act (FEHA) prohibits any non-job-related inquiries of applicants or employees, either verbally or through the use of an application form, that express, directly or indirectly a limitation, specification or discrimination as to race, religious creed, color, national origin,
Job descriptions are used for a variety of practical and legal reasons. They help companies make sure all the necessary tasks the company needs done are assigned to specific employees, explains USLegal.com. Job descriptions help companies create organization charts and improve workflow within and among departments.
In California, an employer may change an employee's job description to add additional duties if the employee is hired at will. At-will employment means an employer can change an employee's job duties, pay, title, hours, and more, and apply those changes to any future work.
Under most state and federal laws, job descriptions are not legally required. However, having custom job descriptions in place can provide valuable legal protections to an employer as well as ensure that employees understand the responsibilities expected of them in their position.
