Pre Employment Testing and Employee Privacy Rights

    Sample Co. makes employee rights a priority. The company employs a diverse workplace, and chooses to only inquire about as much information as needed to hire safe and qualified workers. Employee testing is designed in a way that ensures employees are knowledgeable about company policies and procedures, but scores are kept private. Performance evaluations are also kept private, each section on the evaluation directly applies to the employee’s specific job function, and a thorough explanation for scores is listed. Upon employee request, more specific details and examples of information listed on evaluations can be made available. Details about each specific policy are made available in the employee handbook so that employees are informed of their rights, and of the company policies and procedures.

Searches of Company Property

    One point of concern for Sample Co. is employee privacy laws. The constitution offers a guarantee of fundamental rights, “such as the right to free speech and the right to be free from unreasonable searches and seizures” (Book, 2007). Still, most of the equipment that employees at Sample Co. use are company property. In this case, employees do not have authority to prevent the company from searching their own property. Still, Sample Co. is careful to inform employees that their behavior on company property and in company vehicles is monitored. “Prior to any search of employer-owned property, such as desks or lockers, employees should be given formal written notice of the intent to search without their consent” (Book, 2007). This way, the employees can make a choice to conduct private business on their own property and on their own time. The company will monitor and record all Internet use, and will reserve the right to search and clean all company vehicles.

Searches of an Employee’s Personal Property

In reference to an employee’s personal property, “a search is permissible in scope where the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the nature of the misconduct being investigated” (Book, 2007). If an employer believes one of their employees is engaging in illegal behavior, they should notify a legal authority. If reasonable suspicion exists, the authorities can apply for a warrant to search the employee’s personal belongings. Without a warrant, employers run the risk of being sued for an unlawful search. “The unreasonableness of a search is determined by balancing the extent of the invasion and the extent to which the employee should expect to have privacy in this area against the employer’s interest I the security of its workplace, the productivity of its workers, and other job-related concerns” (Book, 2007). Still, employers may notify employees of their suspicions, and request the employees consent to search his personal belongings. At Sample Co., this consent may be requested if an employee is accused of theft of company property.

 Pre-Employment Drug Testing - Result Privacy

    Another employee privacy concern that must be addressed is drug testing. Because of the dangerous nature of environmental services work, employees would present an overwhelming risk to themselves and the community if under the influence of drugs or alcohol during work hours. “Drug testing should be undertaken only in conformity with national law and practice or international standards” (Book, 2007). Specific guidelines regarding drug testing are outlined in the employee handbook, and employees are informed of drug testing policies during the hiring process. All results are kept private, however, and information regarding prescription medication use is not provided to the Sample Co. In the same way, results from other pre-employment tests are kept private.

Employee Privacy Protections

Privacy protections enhance employee motivation and productivity in many different ways.  Privacy protection helps protect against the possibility of lawsuits.  When it comes to screening and monitoring employees at different levels, employees are expected to receive notification of any type of monitoring or screening before and during employment. Many business owners understand that if an employee knows he is being monitored, he will likely modify his actions and try to focus on being productive.  Employees under consistent observation are typically more productive and focused. Still, any monitoring of employee activities, especially the entry of passwords and other personal information, must be handled with care. Sample Co. words to provide adequate protection for both employee and customer information.  These actions help Sample Co. avoid negligence charges.

The Privacy Act

 The Privacy Act was put in place to require companies to provide employee protection with the retention, collection, usage and disclosure of personal information.  Sample Co. must handle each employee’s personal information with care, because the misuse of this type of information may result in criminal proceedings. Small companies can outsource the processing and storage of personal information if necessary. When employees know that the company is providing protection of their personal information, it provides them with a level of security. Sample Co. takes pride in ensuring that the security system in place adequately protects both employee and customer information. By developing, designing, and implementing a strong computer security system, along with educating employees on how to handle confidential information, agencies are able to protect their employees, as well as themselves. Identity theft is an unfortunate reality, so the protection of employee’s personal information is crucial.

Legal Considerations & Ethical Considerations

    Various legal and ethical considerations must be made when an employer thinks about implementing employee-testing policies.  Firstly, the employer should seek legal advice to ensure that the proposed policy or policies will not violate any employment laws; each state has their own regulations depending on the need and demographics of that state. The present day workforce includes a diverse working environment that brings together employees from a variety of backgrounds. In order to avoid targeting specific employees in a way that could be viewed as discrimination, written employee testing policies should be drafted and reviewed. Implementing a written employee testing policy that outlines why, when, and how the policy or policies will be executed is critical to every employer’s success. 

Pre-Employment Drug Testing

    According to North Carolina law, employers are not legally obligated to perform drug testing, but the employer does have the right to carry out the testing (NC Labor, 2004). However, drug testing is mandatory for contractors and grantees of federal agencies, which are declared in the Drug-Free Workplace Act of 1988 (Moeckel, 2008). Drug testing will be administered when an employee as a preliminary qualification of employment. Once the applicant is employed with Sample Co., drug testing can be conducted randomly, with reasonable suspicion, and post-accident instances. There will be a zero tolerance rule for employees found in possession, storage or use any illegal narcotic on the premises of Sample Co.. The company also has monthly mandatory testing for drivers, and heavy equipment operators. Employees understand, as is stated in the handbook, that refusal to take a drug test or negative results may lead to immediate termination.

Pre-Employment Height and Weight Testing

    Height and weight testing will be provided for the applicable job classification(s). Male and female employers and candidates will need to successfully past all sections of the exam for consideration of employment or promotion. Requirements are job specific; male and female applicants will be tested and graded equally. General requirements are as (but not limited to) the minimum height of five feet, and the maximum height of six feet and four inches. Most hazardous waste must be stored in large containers, and employees outside of these guidelines will have difficulty in performing the hazardous waste cleanup. For the same reason, employees must be a minimum weight of 115 pounds, and a maximum weight of 350 pounds. Employees must also have the ability to lift a minimum of 50 pounds.

Pre-Employment Personality and Aptitude Testing

    The employer reserves the right to administer personality and aptitude testing for all employees pursuing promotions. The testing methods will include interviews, a written exam, and interaction and observation. In an effort to ensure that each employee has an equal chance at promotion and pay increases, a performance evaluation system should be implemented. Sample Co. has a diverse group of employees and respects all personal boundaries. This helps the company to avoid legal ramifications that may come from an unfair evaluation. Primarily, Sample Co. will not discriminate in employee evaluations. The company makes an effort to help employees understand, through the use of training and its employee handbook, that race, religion, natural origin, and sexual orientation will not matter in promotion, pay increase, termination, or demotion.

To avoid any complaints from employees and/or outside evaluators, Sample Co. has developed a grading scale. For example, the first section of evaluation will include questions that will be answered by one of the following; strongly disagree, disagree, unsure, agree, and strongly agree. The second section will be graded from one to five (one being the worst, five being the best.) For example, the employees work performance and efficiency can be graded by this. In another effort to ensure that all employees are evaluated fairly employees of the organization will be asked to do a pier-evaluation and a self-evaluation. Each of the evaluations is critical in the development of the final evaluation. The opinions of the employees will not be discussed or shared with anyone other than the evaluation committee.

Sample Co. has a responsibility to maintain an ethical practice as well as legal when evaluation of performance is being done. Legal pertains to following and abiding by laws; ethical is pertaining to good conduct. Sample Co. has a strict rule for late arrival. For example, if an employee is late 3 times he or she can be written up or verbally warned, once this has happened an employee can be terminated after a sixth late arrival. If an employee is late for the sixth time, but the reason for his or her lateness was that that individual’s house caught on fire, then the late arrival may be excusable. All organizations have a policy that they follow with their own set of guidelines and rules, but sometimes an employer should act in good conduct during evaluations.

The employee handbook is a tool that Sample Co. makes to help inform employees of their rights, and of company policies and procedures. The company prioritizes employee privacy, which is reflected in the manner in which it conducts employee testing, and the way it keeps results of employee test results private. Sample Co. also requires managers to give detailed employee reviews, and performance evaluations are conducted in a private and consistent manner. The company also chooses to only require employees to provide as much personal information as needed to keep the work environment safe. Still, employees are required to take regular drug screens, and Internet use is monitored to ensure that employees are working safely and efficiently. Employees are informed about the company’s right to screen for drugs and monitor Internet use in the handbook and during the hiring and training process.


References
Moeckel, J. (2008). Drug and alcohol policies and testing. Retrieved September 21, 2009
from http://www.dmb.com
NC Labor. (2004). Frequently asked questions. Retrieved September 21, 2009 from
http://www.nclabor.com