Can the department disqualify a candidate if the physician determines that s/he is medically suitable?
A.POST’s authority does not extend to candidates who were not hired. However, the authority of the U.S. Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) 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 according to the ADA and FEHA.
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