Workplace Testing, Is It Legal?

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. As long as a test is designed to predict a worker's actual ability to do the job and is relatively non-invasive it is probably legal. An employer can generally require typing tests for clerical jobs or agility/strength tests for positions requiring certain physical skills. Employers who require more comprehensive or intrusive tests can get into trouble for violating their workers' privacy rights, particularly if the tests aren't closely related to the job in question. Generally, an employer should have a sound, work-related reason to require a current employee to submit to testing. But that might not be enough. If the test is too intrusive or delves too deeply into personal issues, it might invade the employee's right to privacy and may result in a lawsuit. There are no hard and fast rules about whether a particular test is legal courts generally decide these issues on a case-by-case basis, looking at all the facts and circumstances. Employers can stay out of trouble by using common sense.