Updated 09/03/14/SK Page 1
County of Sonoma
Human Resources Department
JOB OFFER GUIDELINES
I. PURPOSE
The Human Resources Department has developed guidelines and example documents to assist departments
with the job offer process. The employment process for job candidates can be confusing, daunting and
lengthy. The employment process is the prospective employee’s first impression of the County, and the
communication process during this time can indicate the future work environment. Therefore, Departments
are strongly encouraged to follow Human Resources best practices for job offers to exemplify the County’s
professionalism and commitment to its workforce. Following best practices also mitigates any risk of illegal or
discriminatory hiring practices.
II. LEGAL ISSUES, RELATED GUIDELINES, POLICIES, AND RULES
Federal and state laws restrict the timing of an employer’s acquisition of medical information about the
medical conditions and impairments of job candidates. Both the Americans with Disabilities Act (ADA) and the
Fair Employment and Housing Act (FEHA) restrict an employer’s ability to ask questions about a candidate’s
medical conditions, disabilities and/or to require an applicant to undergo a medical examination until after a
“conditional offer of employment” has been made. According to the Equal Employment Opportunity
Commission (EEOC), a “conditional offer of employment” is a real job offer that: 1) is made after the employer
has evaluated all relevant non-medical information which could reasonably have been obtained and analyzed
prior to making the offer; and 2) is conditioned upon acceptable medical information, such as passing a
physical or psychological examination. Only in limited cases, such as law enforcement/peace officer positions,
may a conditional offer be made and be considered a conditional offer of employment for purposes of the
ADA and EEOC, if the results of a criminal background investigation or polygraph examination are still pending.
As stated in 1) above, the County interprets “all relevant non-medical information” to include job references,
and the County’s pre-employment background check process, and no conditional offers of employment may be
extended until these stages are completed unless a position/assignment is exempted by County Counsel or
Human Resources.
Please refer to Human Resources’ webpage on Background Checks for further information: http://hr.sonoma-
county.org/content.aspx?sid=1024&id=1385. The Salary Resolution or the appropriate MOU has “salary upon
appointment” and other provisions about salary upon appointment. Advanced step appointments require a
completed form and approval process which can be found at: http://hr.sonoma-
county.org/content.aspx?sid=1024&id=1427. The Policy for Relocation Incentives and Reimbursement
Expenses for Management and Unrepresented New Hires may also be referenced for information: http://sc-
intranet/cao/admin_policy_4-9.htm.