Can an employer condition an offer of employment on the results of a medical examination?

We disagree. An employer may inquire concerning an applicant's present physical condition or medical history if the inquiry is "directly related and pertinent to the position in question or is directly related to a determination of whether the applicant would endanger his or her health and safety or the health and safety of others." (Cal.Code Regs., tit. 2, 7294.0, subd. (b)(3).) An employer may condition an offer of employment on the results of a medical examination conducted to determine "fitness for the job in question." ¹³ An employer may require an employee to meet physical standards reasonably related to the duties required by the job and the health and safety of the employee or others. (See Sienkiewicz v. County of Santa Cruz (1987) 195 Cal.App.3d 134, 142, 240 Cal.Rptr. 451.) As we have discussed, an employer has a legitimate interest in not hiring individuals whose drug abuse may render them unable to perform satisfactorily on the job, and plaintiffs do not contend otherwise. We conclude that an employer may reasonably determine that the results of a drug test are directly related to job fitness. ¹⁴