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California: pre-employment test results California

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  • California: pre-employment test results California

    I recently applied for a position that I met criteria for lateral entry into a municiple agency job in California. Part of the process was a psychological examination that consisted of a DiSC and a couple other tests. I have taken similar tests before and done well enough that I was appointed to similar positions with other agencies. This agency now says that based on this recent test, I no longer qualify to be active as a candidate for employment with them. Do I have any right to copies or to perhaps review the results, tests or opinions issued by the physician who gave me the evaluation? Any assistance would be appreciated!

  • #2
    This doesn't fall under employment law but rather health care and health records law (assuming this test is a medical one). If it was a medical test, then you should be able to request a copy of the results.

    If this was just a personality test or skill test used to select candidates, you are not entitled to a copy unless your municipal regulations give you that right.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Fair Credit Reporting Act?

      Doesn't FCRA apply here? Adverse action?

      Comment


      • #4
        Originally posted by URkiddingME View Post
        Doesn't FCRA apply here? Adverse action?
        The Fair Credit Reporting Act (FCRA) regulates the collection, dissemination, and use of consumer credit information. ( & using consumer reports for employment purposes)
        Last edited by Betty3; 08-11-2008, 10:19 PM.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Medical information falls under the kinds of "comsumer report" covered by FCRA. You need to read the statute and not just relay on your personal definition of "credit information," because that is not the only thing FCRA covers.



          The main thing that matters is if the doctor counts as a CRA. Since he administers these tests for money, he fits the definition. However, FCRA exempts between entities under common control, so if the doctor is an employee of the municipality, then you would have no rights under FCRA to the test, even though there was an adverse action.

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          • #6
            Who did the testing?

            I guess at this point the question would be whether or not the testing was done by an employee of the municipality where you were applying, or an outside agency. If it was an outside agency, did you give consent in writing, did they provide you with the name and address of the agency in writing, and were you given an adverse action notice as dictated under FCRA?

            If it was an outside agency and the answer is "no" to the subsequent questions, then you could ask the hiring agent (recruiter) for an adverse action notice. If they don't know what it is, have them ask their testing agent.

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            • #7
              Originally posted by TheRed View Post
              Medical information falls under the kinds of "comsumer report" covered by FCRA. You need to read the statute and not just relay on your personal definition of "credit information," because that is not the only thing FCRA covers.
              Can you tell me where in the FCRA it applies to anything other than information picked up in a consumer investigative report? I was a life ins. underwriter & took a test on the FCRA & got 100. Also, the head of our dept. went over the act in some of our underw. meetings so the newer underwriters would understand it & I would think he knew what he was talking about. I don't think they would use a text book that was not correct. If we picked up adverse medical information/health information (+ other info) (such as info on medical exam for the ins., info from an attending physician) that was not in a consumer report, we did not have to notify applicant/insured of adverse action as per FCRA. Our text book also indicated exams for employment would not fall under the FRCA - it would not be health info employer picked up in a consumer report. The FCRA applies to medical information if it was in a consumer report but not just to an exam done for employment or ins. for example. It's medical info obtained from a dr. hosp., etc. that a third party obtains for a consumer investigative report.

              If adverse info (ie medical info, criminal hx) was picked up in a consumer investigative report, then the ins. co. or employer had to: 1) give the name, address & phone # of the credit reporting agency that supplied report, 2) a statement that the CRA that supplied the report did not make the decision to take adverse action & cannot give specific reasons for it & 3) a notice of the individual's right to dispute the accuracy or completeness of any information the agency furnished, & his or her right to an add'l. free *consumer investigative report* from the agcy. upon request within 60 days.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Huh?

                Betty, I can't make heads or tails of your run-on sentences, so I really can't address the specific example you are trying to give. I can say, however, that recent (last 5-10 years) updates to the FCRA included a great deal of regulation around pre-employment investigations. This has had a great deal of impact to the HR & recruiting processes of any company using a third party to conduct investigations or provide information. These processes include signed consent, notice, and adverse action information if applicable. That is why I asked whether that could possibly be way for the OP to pursue getting more information.

                The fact that you didn't learn this in your life insurance training only means that the Insurance industry has their own application of processes and procedures to adhere to the requirements of the FCRA, not that every other industry's best practices and interpretation of the regulations have to be the same.

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                • #9
                  I'm not going to "argue" about it further but I have read the FCRA completely more than once & I know it applies more than to life ins. (I said also to employment. . . ). I just know what my understanding (& other's understanding) is re adverse action taken. It has to be on a consumer investigative report. (This understanding is current & per a HR person I know + a lawyer & others still underwriting.) You & TheRed have your understanding & I have mine.
                  Last edited by Betty3; 08-12-2008, 08:17 PM.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Betty, we have the same understanding. In your initial post you made a misleading generality. The definition for a "consumer report" is at 15 USC 1681a(d), for the interested.

                    Sadly, FCRA doesn't apply because of 15 USC 1681(d)(2)(i). It would not be a consumer report ONLY because it was related directly to the employer by the examiner. Not because of the type or use of the information.

                    Comment


                    • #11
                      Ok - I could have worded first post a little different/better.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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