Legal Question in Employment Law in California
My personal information is to be given to how many people?
I have been employed with a non-profit organization for over 3 years. Last week, they changed several employees job descriptions/positions on a six-month trial basis. They have also made it mandatory that these 4 out of 17+ employees fill out a personality/spiritual gift assessment test. This specific test was designed to be used in determining what ministry you should join in the church. We are not a church. These completed tests will be placed in each employees HR file. They will also be forwarded to supervisors and anyone else that you work with. In my case, as a team secretary that includes 12 different directors and at least 3 other members of management. When I questioned this test, I was told that the results will also be used to determine if we are a match for the new job descriptions that they have assigned to the four of us. Do they have a legal right to single out 4 employees? Can they publish our personal information this way? Can they require us to fill out a spiritual document? We are an at-will employment facility – can they fire me if I refuse to take this test?
3 Answers from Attorneys
Re: My personal information is to be given to how many people?
I need to know more about your organization before opining whether this is allowed. Generally, however, religious 'discrimination' is only allowed in a very few situations. Contact the DFEH or attorney if want to discuss further. My number is 805/641-6600.
Re: My personal information is to be given to how many people?
The bigger question is why is your religious faith relevant to the job you do? Generally speaking, employers cannot consider religion in making employment decisions, unless it is a necessary part of the job, such as ministering for a church. That does not sound like the scenario you present.
You will have to review the entire situation with a labor law specialist or schedule an appointment with the California Department of Fair Employment and Housing. But if it turns out that your religion is not relevant to your job and this employer is engaged is merely secular work, it would be illegal for them to fire you if you refuse to take the test.
Re: My personal information is to be given to how many people?
You've got serious claims of invasion of privacy and other related issues, that should be dealt with quickly. If interested in doing so, contact me or a local attorney that specializes in employee rights to discuss.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
