Legal Question in Business Law in Tennessee

Evaluation

Does an employer have the right to evaluate my personality (friendly, attitude, etc) as opposed to my completion of job duties? A personality evaluation was not in my contract.


Asked on 4/21/04, 8:20 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Evaluation

In Tennessee, the answer is most often going to be yes. Generally, an employer has a lot of latitude in measuring various aspects of the employee's life that will impact upon the employee's performance and/or productivity. Increasingly, employers are using more and more screening tools, such as personality profiles, to determine if an employee is a good "fit" for the work environment and as predictors for productivity.

This does not mean that your employer can use your profile or the excuse of a test to use unfair stereotypes or otherwise discriminate against you. Also, some of the checks and inquiries that are done may violate some of your privacy rights. If you have concerns in this regard, I would recommend that you consult with an attorney who handles a lot of employment law. If you would like to contact us, you can email me at [email protected].

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Answered on 4/21/04, 10:00 am


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