How To Deal With Illegal Workplace Testing

If you are seeking employment in California, it's more likely your employer will request for workplace testing. While most of the employers are inclined to have their employees tested, this is not the main factor to get one hired. However, such tests have to be conducted to get the best candidate for the job. If you're a job applicant or your employer has requested for such tests to be conducted, you need to differentiate what’s illegal and legal when it comes to workplace testing.

Understanding workplace testing

In most situations, employers ask for the applicant or their employees to submit to various tests such as drug tests, lie detector tests, or even medical examinations. While these tests are legal, there is a limit to how much your prospective employer can do with such tests. In such cases, those who seek jobs find it necessary to know about employment law in Orange County. This is because, at one point, they must be subjected to workplace testing. This helps them become equipped with what their employer should do or not do when it comes to workplace testing. Though it’s somewhat hard to determine whether a test is legal or illegal, there is some general observation that depicts the employer may be conducting these tests illegally. Below are some of the issues that may lead a prospective applicant or an employee to raise their eyebrows:

Your employer seems to intrude into your personal life issues: This shows that your employer could be invading your rights to privacy.

The testing seems to be unrelated to the position you’re applying for or the employer's business interests: For instance, an employer who appears to be interested in your religious beliefs could probably be doing this illegally.

To get a better understanding of what may be illegal, it’s better to look for ways that may help you get to know about employment law in Orange County.

Common Workplace Testing With Specific Rules

The court decides whether workplace testing is legal in the circumstances surrounding each case. However, to be on the safer side, it's better to go looking for an employment attorney in Orange County who has dealt with such cases before. Many tests can be conducted on the applicant or employees. However, there are specific rules that apply to these tests. Some of these tests include:

Drug tests: According to the California court, employers require job applicants to pass a drug test. But, the test should be conducted on every applicant. For those who use marijuana for medical purposes, the law may not require this test conducted on them. Also, those who have been involved in an accident and have a high possibility of taking drugs, there should be a limit on the drug test.

Medical examinations: This is mainly for the employees who are in positions that require the employer to have their medical report. While it's legal to have these exams conducted, there is a limit to the information that may be provided to the employer without employee consent.

Lie Detector Tests: Such kinds of tests are mostly conducted to employees whose employer suspects of theft. However, if one takes such tests, the employer is not obligated to either fire, discipline, or discriminate an employee based on the results.

In most cases, one can assess whether a test is unreasonable by the use of common sense. However, looking for an employment attorney in Orange County would place you in a better position to know whether a test is illegal and thus guide you on how to fight for your rights.