How Can an Aggrieved Employee Seek Redress Pre-Employment Testing?

Some pre-employment drug and physical or mental fitness tests are legally permissible.

Although employers want to seek the best fit for their employee pool, the pre-employment testing being used must be fair, legal, unbiased and noninvasive of prospective employee's privacy. Some types of pre-employment drug, physical fitness and mental fitness testing is legally permissible.

Prohibitions

Employers are forbidden under the Employee Polygraph Protection Act (EPPA) from engaging in non-government employee administration of lie detection tests for pre-employment testing practices. In addition, covert, pre-employment testing is illegal. If an employer uses stray pieces of hair from an applicant, for example, for drug testing without the applicant's knowledge and approval, it may be cause for redress.

Filing Charges

If your employer has engaged in illegal pre-employment testing, file for redress with either the federal Equal Employment Opportunity Commission (EEOC) or the state employment practices agency governing employers' actions. Include any relevant documentation concerning the specifics of the illegal pre-employment procedural conduct and possible names of witnesses. File in person or by phone because the EEOC does not accept filing charges online.

Employer Penalties

As a disincentive for employers engaging in illegal pre-employment testing, the U.S. Secretary of Labor can commence court action, which can result in fines up to $10,000 per violation (as of 2011). In addition, prospective employees may be entitled in court to equitable relief, including, "employment, reinstatement, promotion, and payment of lost wages and benefits," according to the U.S. Dept. of Labor.

References

• NOLO: Your Rights In The Workplace:
• Rhode Island ACLU: Your Rights To Work Place Privacy In Rhode Island:
• Find Law: The Facts About Drug Testing During the Hiring Stage:
• U.S. Department of Labor: Lie Detector Tests:
• EEOC: How To File A Charge:

Resources

• Pre-employment Drug Test: Work Place Drug Testing:
• Privacy Rights Clearinghouse:
• U.S. Department of Justice: Equal Employment Opportunity Program Instructions:
• Labor Lawyers: Labor and Employment Laws In The State of California:
• Hire Network: Is It Illegal For Employers to Discriminate:
• Cornell University Law School: Labor and Employment Laws: