Lee R. Feldman

Feldman said that in 20 years practicing disability law, he was never more shocked than when he learned that Los Angeles County asks job applicants to fill out a medical history questionnaire as a condition of employment. "It's loaded with intrusive health questions," he said of the 70-page document. "Sure, most counties want to hire healthy people, but that's why we passed anti-discrimination laws."

He got the case when he met the woman who would become the named plaintiff in the class action Feldman filed last fall, Danessa Valentine. She was hired to work as a human services aide at the county's Department of Children and Family Services, contingent on a medical exam and her answers on the questionnaire. At one point, she wrote she did not know whether she had cancer, based on a diagnosis that she had a precancerous condition. "They contended that she lied, and withdrew the job offer," Feldman said. "Even if you put aside all the illegalities involved in the intrusive, discriminatory questionnaire, even if that wasn't shocking enough, then they called her a liar."

Feldman's suit may include tens of thousands of plaintiffs, he said. Valentine v. County of Los Angeles, BC602184 (L.A. Super. Ct., filed Nov. 24, 2015) Underlying the complaint is a 1980s civil service rule adopted by the county's board of supervisors. It instructs county hiring agencies to select only employees "who can be expected to remain in a state of good health for a reasonable period of service." That directive is in direct conflict with California's Fair Employment and Housing Act, Feldman said.

"This practice of demanding intrusive, private medical information from job applicants, including whether they have had cancer, was carried out in furtherance of a blatantly illegal personnel policy," he said. The suit seeks damages and restitution and includes claims for unlawful medical inquiry, violation of confidentiality of medical information, and discrimination.

Since he filed the case with co-lead counsel David M. deRubertis, Feldman said, the county has dug in its heels. "They have made no effort to resolve it, and they appear to be gearing up for a fight," he said.

— John Roemer