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Rights of Privacy in the Private Sector Workplace

hological tests (see attachment 1 for sample) to determine whether they will be a good fit with the company, is honest or whether they can handle the stress of a particular job. There are no federal laws that prohibit employers from giving employees psychological tests, but some states have enacted laws that limit employers' rights to administer these tests.One of more common tests given during pre-employment is the drug test. The rules that apply to drug testing are complex, and there are different rules for different types of employees and employers. In spite of all the variations, it is generally true that an employer may offer a job contingent on passing a drug test provided they indicate that the drug testing will be a part of the screening process, tests all applicants for the same job, and has a state-certified laboratory administer the tests (6). Employers are now using genetic information and techniques to predict whether an employee may be genetically susceptible to various types of illnesses or substance (7). Some employers may seek to use genetic tests to discriminate against workers-even those who have not yet or who may never show signs of disease-because the employers fear the cost consequences. Based on genetic information, employers may try to avoid hiring workers who they believe are likely to take sick leave, resign, or retire early for health reasons (creating extra costs in recruiting and training new staff), file for workers' compensation, or use health care benefits excessively. Testing must not be done without the informed consent of the employee or applicant for employment.Employer’s Activities Involving Rights of Privacy of Employees in the Workplace"Every time I passed through those plant gates to go to work, I left America, and my rights as a free man. I spent nine hours in there, in prison, and then came out into my country again (08)."--Author unknown. Once an organization actually hires an individ...

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