Can a new supervisor perform psych/personality test on existing employees?

A new supervisor has performed many psych/personality test on employees since this supervisor began with company. They then categorized employees based off of their personal opinion of test results. Can future employees decline this uncomfortable test?

Asked on March 24, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, they cannot decline this test. Employment in this nation is employment at will: you have no right to or guaranty of a job, and the employer is free to make--and change at will--the requirements to work there. Employers are free to require these tests of current and prospective employees and they are widely recognized, legally allowable, and not-uncommon requirement. I've worked for companies that required them, for example. Of course, they tend to be valueless in my opinion: I rarely saw their results correlate to job performance, and the "best" employees according to the tests were usually the worst in practice--but that doesn't change the fact that they are allowed.


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