{"id":357926,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/workplace-privacy\/tests-at-work-your-rights.html"},"modified":"2024-04-08T14:53:42","modified_gmt":"2024-04-08T19:53:42","slug":"tests-at-work-your-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/workplace-privacy\/tests-at-work-your-rights.html","title":{"rendered":"Tests at Work: Your Rights"},"content":{"rendered":"\n
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Tests at Work: Your Rights<\/h1>\n\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Being given a test before getting a job offer or a promotion is not an uncommon experience for many workers. Today’s employers often\u00a0test applicants in a variety of ways before offering them work. Many also test existing employees before offering them promotions.\u00a0<\/p>\n

It’s important for employees to be aware of their rights before taking such tests. Some tests may violate your right to privacy or break anti-discrimination laws. This is when laws come into play about testing at work, including workplace privacy and disabilities laws.<\/p>\n

This article lays out some of your rights when it comes to workplace testing. Read on to learn more about relevant employee privacy laws and the types of work tests allowed.<\/p>\n

Employee Privacy Laws<\/h2>\n

A common implication of workplace testing is\u00a0employee privacy rights.<\/a>\u00a0Many workplace tests are\u00a0legal. If your right to privacy is violated in the process, then you may have grounds for legal action. Employers need to establish clear company policies regarding privacy protections. Privacy issues\u00a0arise when employers collect or monitor personal information beyond what is necessary for legitimate business purposes.<\/p>\n

Employees have a\u00a0reasonable expectation of privacy<\/a>\u00a0in the workplace. A reasonable expectation of privacy refers to the belief that certain spaces and communications will remain private.\u00a0<\/p>\n

Federal laws such as the\u00a0Electronic Communications Privacy Act<\/a>\u00a0(ECPA) and the\u00a0Employee Polygraph Protection Act\u00a0<\/a>(EPPA) help define and reinforce these rights. The EPPA prohibits most private employers from using lie detector tests. However, the law permits polygraph testing of government employees.\u00a0<\/p>\n

Under the ECPA, employers cannot monitor employees’ personal emails, text messages, or phone calls without employee consent or a valid business reason.<\/p>\n

Types of Workplace Testing<\/h2>\n

Various workplace tests are conducted to ensure safety, security, and compliance with federal regulations and state laws. The types of tests you may be required to take often\u00a0depend on your job type. It also depends on whether you are employed by the government or a private employer.<\/p>\n

Drug Tests<\/h3>\n

Employers have the right to conduct\u00a0drug and alcohol testing<\/a>\u00a0as part of maintaining a safe and productive work environment. However, employees also have rights to privacy and fair treatment. These rights include:<\/p>\n