Legal Question in Employment Law in California

Test administrator held personally liable for carrying out actions of the agency

I coordinate and administer a post offer preplacement strength testing program for new hires. If an applicant files a lawsuit against the agency I work for claiming that he/she was discriminated against by way of using an ADA noncompliant test, could I be held personally liable for this even if I do not necessarily agree with the way the test is administered? The agency has taken extensive measures to make sure this test is credible and defensible, however, there is an area that may still need attention. I have attempted to correct things and obtain a consultant, but do not receive support for this. They want to keep it the way it is and do not believe there is a problem. I disagree and do not feel comfortable conducting the test. I do not want to quit my job because of this as there are other parts of the job that I like, but if I am in a risky position that could cost me in the end, i would prefer to move on.


Asked on 10/23/01, 5:16 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Test administrator held personally liable for carrying out actions of the ag

Labor Code Section 2802 provides for indemnification for any expenses or losses incurred while discharging your duties. If you perform your work as instructed, an individual claim against you is remote, although not impossible.

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Answered on 11/02/01, 4:59 pm


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