Legal Question in Employment Law in California

If the discussions in the counseling are subject to therapist/client confidentiality, even if the confidenitality of the conclusions is waived, and none of the content is in fact disclosed, much less made a part of the hiring process, probably yes. Personally, if I were advising the employer, I would discourage it, but I believe it could be structured so as to be legal. If any information that it is illegal to base a hiring decision on is disclosed to anyone making the hiring decisions, however, I can't think of any way to make it legal.