Pre-Employment Medical Examinations

Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023)

The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as a company that conducts preemployment medical screenings.  In this putative class action, plaintiffs allege that their employment offers were conditioned upon their completion of pre-employment

Nilsson v. City of Mesa, 503 F.3d 947 (9th Cir. 2007)

Christine Nilsson applied for a position as a police officer with the City of Mesa, Arizona. In conjunction with her application, Nilsson signed a waiver of any and all claims against the police department. During the application process, Nilsson disclosed that she had been involved in an EEOC dispute with the Tempe police