Legal Question in Employment Law in Oregon
Is it harassment for Employer to keep requesting to take Tests after being hired
I had start with a simular company that works like a telemarker. Everyone had taken the test at the same time I did and had problems locating the answers within the book. Since I had problems they said I needed more training and took another test few days later. Had more problems and took the same test again and had on 3 wrong. They said that wasn't good enough and have to work during the day and get more training. They told me to take a day off on Thursday and they called on Friday and asked for me to come in and take another test and i did and didn't pass. Last we I was told that I have to take another test and also a test that they would listen to my calls. But the supervisor and lead didn't show up for work and I left a message for them to call me back. I got the call on my second day off to come in again and test another test and to come in on Sunday and work full 8 hrs. Almost at end of my shift I was told again that they didn't feel that I was qualifed and had to take another (damn) test again this coming week. I am not going to quit and that is what I feel they are trying to make me do. Please help and just moved to a new area two months ago. Thanks if any one can help answer this question.
1 Answer from Attorneys
Re: Is it harassment for Employer to keep requesting to take Tests after being h
An employer has a right to require new employees to pass performance tests. It seems to me they are giving you extra chances over what would be minimally required. The only way performance tests, even multiple tests, might be illegal would be if they are used to discriminate against a perform with protected classifications, i.e., age, race, sex, disability, religion, safety complaint, workers' compensation claim, and a few others. I don't see from your inquiry whether you fall within any of these protected classifications. If you are, the next step is to deteremine whether evidence exists to establish that the testing is a pretext for discrimination. In other words, a plaintiff still has the burden to show that the real reason is discrimination (although a jury is permitted (though not required) to infer discriminatory motive upon concluding that the purported justification for an adverse employment action is pretext).
The above does not constitute legal opinion and is offered for the
purposes of discussion only. The law differs in every jurisdiction, and
you should not rely on any opinion except that of an attorney you have
retained, who has a professional duty to advise you after being fully
informed of all the pertinent facts and who is familiar with the
applicable law.
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