Can the department disqualify a candidate if the psychologist determines that he/she is psychologically suitable?
A.POST authority does not extend to candidates who are not hired. However, the authority of the Equal Employment Opportunity Commission and the California Department of Fair Employment & Housing does include all applicants. Therefore, if the hiring authority were to disqualify a candidate for “medical” (including psychological) reasons, despite the screening psychologist’s determination that the candidate is suitable, the department should be prepared to defend that decision as lawful in the eyes of the ADA and FEHA.
Related Questions
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