Workplace Testing: When You Must Submit
by
Lisa Guerin, J.D.
Learn the legal rules on medical exams, drug screens, lie detector tests, and psychological profiles in the workplace.
Workplace testing has become increasingly popular as employers screen their workers in an effort to figure out who would be the best candidate for promotion or who is responsible for a workplace problem.
Employees do not have to unquestioningly agree to these tests, however. There are limits to how far an employer can go.
Which Tests Are Legal
Generally, an employer must have a sound, work-related reason to require a current employee to submit to testing. However, even that might not be enough: If the test is too intrusive or delves too deeply into personal issues, it might unlawfully invade the employee's right to privacy.
Unfortunately for everyone involved, there are no hard and fast rules about whether a particular test is legal -- courts usually decide these issues on a case-by-case basis, looking at all the facts and circumstances. For the most part, you can assess whether a test is unreasonable by using common sense: If it makes you very uncomfortable or seems unrelated to your employer's business interests, then you might be within your rights to cry foul. For example, an employer who inquires into your sex life or your religious or political beliefs probably crosses the line, while an employer who tests only for necessary job skills is probably on safe ground.
Regardless of whether the test would otherwise be reasonable, it will be illegal if it unfairly screens out disabled workers who could do the job with a reasonable accommodation. That would violate the federal Americans with Disabilities Act (ADA) and similar state laws that protect against disability discrimination.
In addition to these general considerations, specific rules apply to the following types of tests.
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