Do I have the legal right to get the results of pre-employment assessments and drug screen?
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Do I have the legal right to get the results of pre-employment assessments and drug screen?
I had an interview last month. I spoke over 2 hours, took 2 assessments and drug screen all within 2 days. Tuesday September 13 2016, the office called me. A man named James,who I didn’t meet, proceeded to tell me that Rich Dimel, man who interviewed me, wanted him to contact me and ask if I was interested in contract work. I told him no, and what happened to the position I interviewed for two weeks ago? He said he is still collecting resumes for the project manager position. So I asked him how long is the contract work? He told me its for one week in Richmond VA. What? I told him I would do the one week in Richmond Virginia as long as its contingent on hiring me full time permanent for the project manager position I interviewed for two weeks ago. I’ve taken all the tests, including the drug test. I have over 16 years in project management in the telecommunications industry, so I am well qualified for the position and know I have passed all the tests with no problem. I asked James to have Rich call me. It’s been 24 hours and I have not received a call. My question is I want the two assessment test results and the drug test results. Can I get them? I already asked the company who gave the tests, but was told I have to get them from the interviewing company. I believe I have the right to know what the results are for all the tests due to their actions. I also feel like my privacy has been evaded by taking 2 assessments and a drug screen and being asked if I’m interested in a 1 week contract job?
Asked on September 20, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you do not--not unless you sue (e.g. for racially or disability based employment discrimination in not being hired, if you were to believe something like that were the case) and then, in the course of the lawsuit, use the legal mechanisms of "discovery" (written interrogatories; document production requests; subpoenas) to get the information. The assessments and drug screen may be about you, but they belong to the company which paid for and arranged them, and they do not have to share their property with you. Therefore, you can only get them them in litigation, when you can get documentation and information, etc. from the party you are suing. So you would need to file a valid lawsuit (if it's a frivolous or baseless lawsuit, you could be sued by the person you suing for bringing a frivolous or worthless suit) first, before seeing what's in those assessments, in order to get the assessments.
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