Los Angeles Employment Law Attorney: Pre-Employment

Are pre-employment personality tests legal?

In today's world, jobs are getting harder and harder to land. Not only do candidates fill out applications and submit resumes, they are often required to undergo pre-employment testing to determine who is best for the position. While some tests are legal, others are problematic and yet others are outright prohibited. Do you have concerns that a pre-employment test violated your rights? If so, a knowledgeable Los Angeles employment lawyer at Moody & Warner may be able to help. Contact us immediately and schedule a consultation so that we can go over your concerns, judge whether you suffered an abuse of your rights and advise you as to the best way to proceed.

Protecting Your Rights

The Equal Employment and Opportunity Commission (EEOC) has authored a guidance comprised of the types of tests an employer can give to a job applicant during the hiring process. The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act both prohibit employers from requiring applicants to complete medical exams before an offer for employment is extended; however, they may condition the start of work on a medical test.

Examples of tests that are permitted at the pre-offer stage include: drug testing, physical skills testing and various kinds of aptitude, psychological or personality testing. Some personality tests are disallowed, however, such as the MMPI due to its purpose as a medical test to reveal mental illness. Additionally, both Title VII and the Civil Rights Act of 1964 prohibit the use of neutral tests or selection procedures that are not job-related and can be construed as discriminating. Some of these types of tests can violate state and federal laws if used by employers.

Pre-employment testing issues can be found in the laws governing employment, discrimination and disability and require the experience of seasoned lawyers to navigate successfully. With a 50 year history in all employment law matters, and recognition of our superior legal ability by Super Lawyers, we should be your first choice for legal representation. We are eager to hear from you and to start protecting your interest and your rights.

Contact a Los Angeles employment law attorney without delay at Moody & Warner to s chedule your consultation.