Can an employer require you to take a “sales assessment” which asks questions you find intrusive and inappropriate?

UPDATED: Sep 30, 2022

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Can an employer require you to take a “sales assessment” which asks questions you find intrusive and inappropriate?

“Have you ever broken the law”, “Have you ever been so angry you want to smash things” etc…You could never ask someone these kinds of questions in a job interview or on a job application, so how can my employer require me to fill them out now and threaten to fire me if I don’t fill-out and respond to their ‘sales assessment survey’ after I work for them? I have some serious concerns about this information being used against me, especially with my name on the survey. Is this even legal? Can my employer fire me for refusing to fill out a third party sales assessment survey I don’t trust?

Asked on February 10, 2016 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, your employer can, and many employers do, require employees to take various assessments about their emotional or cognitive or personality strengths and styles; this is legal, and you have no right to refuse, even if you find the questions intrusive and inappropriate. You may be terminated for a refusal to take this assessment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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