Legal Question in Disability Law in California

Does ADA apply to adult industry workers?

I have been researching and cannot find out whether or not it is illegal to not hire an adult film worker based on their HIV status. Not only that, I am hearing that producers aren't even allowed to ASK for test results from their actors. Is this true in the state of CA?


Asked on 6/05/07, 12:32 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Does ADA apply to adult industry workers?

In California, it is unlawful to ask a prospective employee about any disability or medical condition they may have, prior to offering a job. However, once a job has been offered, it is legal to request the prospective employee to submit to a medical examination to determine if the person is medically fit to perform the essential job functions.

While I've never advised anyone in the adult film industry, it would seem apparent that being HIV+ would be a condition that would disqualify a person from having unprotected sex, if that is what the job requires. An employer should explore ways to reasonably accommodate a person who is HIV+, however. What that involves is beyond my expertise.

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Answered on 6/05/07, 2:03 pm


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