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Testing Employees
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Drug Tests
Although an employer can generally require job applicants to submit to drug testing, state laws place more restrictions on an employer's right to drug test current employees. (For more on drug testing of applicants, see Testing Job Applicants.) For example, many states allow testing only for certain occupations or in certain circumstances (for instance, if an employee has recently completed a rehabilitation program or has been involved in a workplace accident). To find out more about your state's rules, contact your state labor department.
Psychological Screening
Some employers use pencil and paper psychological tests to attempt to predict whether an employee will steal, fight, or engage in other misconduct in the workplace. There are two problems with using such tests. First, it is heavily disputed whether these tests can accurately predict an employee's future conduct. Second, many of the test questions are highly intrusive and invade the employee's privacy. For the most part, employers would be well-advised to steer clear of psychological tests unless there is a compelling justification -- and a consultation with a lawyer.
Lie Detector Tests
The Federal Employee Polygraph Protection Act (29 U.S.C. § 2001) prohibits most private employers from requiring their workers to submit to lie detector tests, with one exception: An employer may require a worker it reasonably suspects of theft or embezzlement to take a polygraph test, if certain requirements are met. Aside from this limited exception, however, an employer may not require a current employee to take a lie detector test, use the results of any such test, or discipline or discharge any employee who refuses to take one. Many states ban polygraph testing outright, in any circumstances.
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