The employer hires an employee with pre-existing arthritis and the employer wants the employee to sign a waiver that they are not responsible for the pre-existing condition. You should tell the employer:

• A. This is acceptable
• B. This is not acceptable
• C. This is not enforceable
• D. This is against public policy

Answer: (C)

The idea being tested is that an employee cannot be forced to sign away rights or responsibility for a pre‑existing medical condition. In California, waivers that attempt to absolve an employer of liability for a pre‑existing condition are not enforceable because they undermine protections designed to ensure workers receive necessary care and benefits. Laws governing workers’ compensation and health coverage require coverage and benefits regardless of a pre‑existing health issue, and contracts cannot override those protections. In addition, if arthritis amounts to a disability, FEHA/ADA require the employer to consider reasonable accommodations rather than relying on a waiver to dodge responsibility. So telling the employer that such a waiver cannot be enforced is the correct stance.