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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38894
Experience:  Retired (mostly)
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Are ther guidlines for reorientation testing on a job?

Customer Question

Are ther guidlines for reorientation testing on a job?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
I am an LVN working in an hospital. We are now having to take test that I feel were giving to eliminate people. The lest were too long, the clarity was poor, the grafics were hand drawn. next, the grading, I feel was not fair.They don't want to show the test results. So, its hard to except this type of treatment. On one test I missed three questions and got 85%. just doesn't appear right. Thanks for your reaponse.
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly
Expert:  socrateaser replied 5 years ago.
Where a test has an unlawful discriminatory impact, e.g., the test, though objective, produces a result biased against individuals as a class based upon their race, color, nationality, ancestry, sex, pregnancy, sexual orientation, age or disability, disparately impacted employees have a cause of action for unlawful discrimination.

See e.g., Vulcan Pioneers, Inc. v. New Jersey Dept. of Civil Service (3rd Cir. 1987) 832 F2d 811, 816–817; Easley v. Anheuser–Busch, Inc. (8th Cir. 1985) 758 F2d 251, 263.

The point here is that the employer can give a test, and the test can even be an unfair evaluation of an employee's talent and abilities. But, if the test unfairly impacts a protected class, then the test is unlawful and those employee's who are adversely affected can sue.

There is no way for me to evaluate your test to determine its fairness. However, you can simply file a claim with the Department of Fair Employment and Housing, and let the agency determine if the test is fair. See this link for more info.

Hope this helps.

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