California employers always screen their employees to ensure everyone they hire won’t pose a risk to others and the workplace environment. While this is legal, some employer takes advantage over workers and violates the law.
If you have an issue with how your employer conducted tests on you, you may seek legal help from an employment attorney Orange County.
However, you need to understand what your employer requires when conducting workplace testing.
Types Of Workplace Tests Carried Out To Applicants Or Employees
The law is clear on what an employer may require during workplace testing. Such laws apply when an employer is testing job applicants or employees. Any applicant or employee requested to submit to workplace testing should find it reasonable.
There are many types of workplace tests require by an employer, such as:
Medical tests: Most California employees require a job applicant to have a medical examination. But this is required during the last step of the hiring process. Medical tests are only to assess whether you suit the position. This helps to ensure you don’t pose a threat to yourself and others. As such, your employer may request a comprehensive medical examination.
Drug tests: Your employer may require a drug test before being hired or after. After employment, it becomes tricky to perform a drug test. The employer should have reasonable suspicion of why they want a drug test conducted. Unfortunately, some employers punish employees or job applicants after such drug tests turn positive.
Lie detector tests: Such tests are subject to restrictions. According to Employee Polygraph Protection Act (EPPA), an employer cannot take adverse action on employees or job applicants who fail to participate in lie detector tests.
The tests can only be legally administered to anyone who has been involved in theft or any other misconduct which led to injury or loss to the employer.
While there are restrictions on what circumstances an employer may require drug tests, some positions automatically demand such tests. For instance, military or defense job applicants must undergo drug testing.
Unless certain exemptions apply, your employer has limits on what workplace testing they should conduct.
Filing A Claim For An Illegal Workplace Testing
Where there is a violation of law, one may file a lawsuit. To file your claim, you have to shows that:
Your employer never conducted a similar job test for the same position.
The tests were not conducted by an authorized professional or laboratory and the results were incorrect.
Your employer took adverse action immediately after learning of your tests results.
Note that process if you are a job applicant requested to participate to such testing you should either agree or opt out of the hiring. To employees, your employer should have solid reasons why they need to conduct such tests.
At times, the employer argues out that the test is reasonable, but it may be illegal. Where an adverse action is taken after the tests, such as termination or failure to hire illegally, an employee may file a claim.
If you have been subjected to illegal workplace testing, you need to take legal action. Where you are not sure of your legal position, you can have a free case evaluation.