Legal Question in Employment Law in California

Personality testing as a criteria for hiring

Are personality, predictive index, cultural "fit" tests legal when when given by an employer or recruiting firm & the "score" used as a criteria for hiring? Does the candidate have rights regarding seeing the results of these tests & the methodol. used in scoring? What recourse does a candidate have if they refuse to take these tests & are eliminated from the hiring process? What privacy rights are in existence for a candidate regarding the test scores regardless of subsequent hiring?

Exeutive search firms with electronic recruiting on the web, test as a part of the registration process enabling them to determine if a candidate "fits" a company "culture." Tests are given by employers. Results are rarely shared with the candidate-- especially if the candidate is disqualified after the test. Consider: Candidate interviews well, has the perfect credentials, excellent and verifiable references & appears to be a frontrunner is eliminated as soon as the test results are in with no explanation from the employer.


Asked on 7/09/99, 1:28 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Personality testing

There really are few if any rights with respect to job applicants because the application is voluntary. The area of privacy with respect to current employees being tested is a very gray and unsettled area of the law but currently such testing is being allowed.

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Answered on 7/12/99, 8:19 pm


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