What Are My Rights During Work Testing?

What Are My Rights During Work Testing?

There are many tests subjected to employees by their employers during hiring or promotion. This is not uncommon among employees as it’s a routine. This is done to determine the best candidate to be hired or promoted or to determine who is performing better than the others. Tests may also be conducted to rule out the employees who have been engaging in job misconduct. However, not all workplace testing is permitted by employment law. Though these testing are reasonable if they relate to any work, there are set limits on how far an employer can go regarding the issue. To understand what entails proper testing, you may consider looking for an employment lawyer to help you.

Learning the Rules On Workplace Testing

The implementation of the testing policy in the workplace helps employers protect their workforce. Thus the employer must conduct employment testing either orally or in a written way. As an employer, the law requires that one must conduct these tests legally. Meaning, there must be a sound reason as to why the tests are being conducted. If a test seems to lean so much on the personal issues of a candidate, this may be unlawful. It can lead to an employee’s right to privacy. For instance, any employer who inquires much about your marriage life would probably be infringing your private life. And as such, he/she may not fall on safe ground of law compared to the one who would only test for job skills. To determine the legality of specific testing, the court always determines any issue on a case basis. The question of reasonableness is used most of the time. Most of the employees who sometimes feel their rights concerning work testing have been violated, they advocate looking for the best labor lawyers in Orange County Ca. An experienced lawyer can differentiate between what may be legal or illegal since they have studied and dealt with employment law severally.

Some of  The Testing During Employment

  • Cognitive ability tests:These tests are used to assess the general intelligence of an employee. This correlates very well with the general job performance. Any employee with high levels of cognitive ability may be in a position to perform better on any job allocated to them. However, this test should be conducted so as the employer doesn’t violate employment laws.
  • Personality tests: You can assess the honesty or integrity of an employee. For example, if an employer is looking for a firefighter, there are some personality traits he/she may consider better compared to others. However, how an employer uses this information will determine whether it is applied in a legal manner.
  • Psychological tests: These tests can reveal an employee’s future conduct. Though they may be useful, they can quickly lure your employer to invade your private life. The employee can argue that psychological tests are not in any way related to a legitimate reason.
  • Lie Detector tests: An employer can’t fire or discipline you based on the fact that you’re refusing to be subjected to a lie detector test. However, there are exemptions to this, if an employee has been involved in any misconduct such as misuse of funds, the test can apply.
  • Drug tests: Most of the time, employers have random drug testing policies. This is important if they want to ensure a drug-free work environment. However, for those employees who work in specific industries that have regulations from the federal government such as nuclear energy or military contracting, the federal labor law may not have much say on the issue regarding drug testing. The employer is the one to determine whether he/she wants such done on the employees. And as such, the employer must follow the state laws by providing the necessary notice and follow the right procedures to avoid any discrimination.
  • Medical tests: An employer may conduct these tests only if they are for “fitness for duty” cases. That is, there must be objective evidence as to why the test is conducted. For instance, an employee may appear to be mentally sick. The employer may request a medical examiner to conduct the testing, but the employer is not entitled to all the medical information of the employee.

Contact A Qualified Labor Lawyer To Find More About Workplace Testing

To protect your rights in the workplace, you may consider hiring a qualified labor lawyer. If you feel your rights during workplace testing have been violated, don’t hesitate seek for legal representation. A lawyer will evaluate your case to determine if the testing was conducted illegally and get the best solutions for your situation. Again, you may also have detected certain practices used in workplace testing that may be discriminatory. The best thing is to contact a local labor lawyer to ensure your employer is dealt with accordingly by the arm of the law.


Leave a Reply

Your email address will not be published. Required fields are marked *