Navigating Mandatory Workplace Assessments

Learn the ins and outs of employee testing, ranging from medical evaluations and drug tests to psychological screenings and polygraphs, with Merrick Law Firm LLC.

As the workplace evolves, employers increasingly seek to understand their employees better, whether for promotions, addressing workplace concerns, or maintaining safety. However, employees are not without rights when it comes to the variety of tests employers may require. Merrick Law Firm LLC is here to help you ascertain when an employer has overstepped the mark.

Employers are typically required to have a justifiable, work-related rationale to administer tests to their employees. Even then, the nature of these tests must be proportionate and respect employees' privacy rights. There are no absolute rules about the legitimacy of a particular test—decisions by courts are informed by the nuances of individual cases.

You can often determine the reasonableness of a test through a common-sense approach: if the test feels overly invasive or irrelevant to the job, it may be grounds for concern. For instance, tests probing into personal areas such as sexual orientation, religious beliefs, or political affiliation might infringe upon your rights, whereas evaluations of necessary job skills could be justified.

Additionally, any testing that discriminates against disabled employees, potentially violating the Americans with Disabilities Act (ADA) and similar state laws, is prohibited.

Post-employment, medical examinations are generally only permissible in "fitness for duty" contexts. If there are concrete signs raising questions about an employee's mental or physical capability, an employer may seek a professional medical evaluation. However, the information obtained by the medical examiner is not entirely accessible to the employer; it is limited to what's necessary to determine the employee's work suitability.

The ADA mandates that information from medical exams is kept confidential and is shared only with those who legitimately need it, including supervisors aware of specific work restrictions or accommodations and emergency personnel in case of medical exigencies.

While pre-employment drug screenings are commonplace, the same is not as true for existing employees. No universal federal mandate permits employee drug testing, aside from those in defense and transportation sectors. State laws take precedence here—some restrictions and guidelines vary, and employers should adhere to these local regulations.

Acceptable circumstances for drug testing often include high-risk positions, post-accident incidents suggesting drug influence, following rehabilitation procedures, or upon reasonable suspicion based on observable impairment.

Employers attempting to forecast negative workplace behaviors might utilize psychological tests, which remain controversial in their predictive validity and often infringe upon personal privacy. If you're required to take such a test, you might have legitimate grounds to question its pertinence and privacy infringement.

By federal law, namely the Employee Polygraph Protection Act, most private sector workers cannot be compelled to take a lie detector test. An exception exists if an employer has a founded suspicion of theft or embezzlement, in which case a polygraph might be allowable under specific criteria. Broadly speaking, however, private employers do not have the right to demand such testing or act upon its outcomes.

For guidance on tests you are being asked to undergo and their legality in your specific situation, consult with Merrick Law Firm LLC. Our team of professionals is adept at navigating state-specific labor laws and will ensure you understand your rights within the workplace.

Disclaimer: The information available here is for educational purposes and should not be considered as legal advice. As laws are subject to change, Merrick Law Firm LLC invites you to get in touch with one of our attorneys at (312) 269-0200 to discuss how the latest legal changes may affect your individual circumstances.