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]


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