AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Honesty and Integrity Testing
Security firm settles class action suit
for $2.1 million; preemployment test questions asked applicants their views
on "political issues". California is one of several states that
prohibits political discrimination. Thompson v. Borg-Warner, dba Burns
Int. Security, #C-94-4015 (MHP), Cal-Law Newswire (6/5/98). See 1996 U.S.
Dist. Lexis 4781 and 1995 U.S. Dist. Lexis 3484 (N.D. Cal.) for pretrial
rulings. [1998 FP 104-5]
Federal Court in California finds that pre-employment
test questions that survey a person's political views could violate a state
law prohibiting employers from coercing political affiliations. Thompson
v. Borg-Warner Protective Services, 1996 U.S.Dist. Lexis 4781 (N.D. Cal.).
[1998 FP 9-10]
Wisconsin appellate court sustains the use
of a psychologically developed honesty questionnaire, despite a state law
banning polygraph or similar tests. Pluskota v. Roadrunner Frt. Sys., 9
IER Cases (BNA) 1758, 524 N.W.2d 904 (Wis.App. 1994). See also Minnesota
by Spannus v. Century Camera, 309 N.W.2d 735 (Minn. 1981) which concluded
that a written honesty test was not prohibited because of its nonphysiological
nature. [1995 FP 40-1]
Federal Office of Technology Assessment publishes
a 78-page booklet, “The use of integrity tests for preemployment screening,”
S/N 052- 003-01216-2. [1991 FP 135-6]