What Tests Can Employers Ask an Employee to Take in NC?

If you are a working-age adult in North Carolina, it is essential to be aware of the various tests that employers can ask you to take as part of the hiring process, or during your employment. In this article, we will discuss the different tests that employers in North Carolina can ask their employees to take, as well as some important regulations and guidelines that govern these tests. As an employee in North Carolina, understanding your rights and responsibilities can help you navigate the workplace more confidently.

Some of the test can be performed right here at Carolina Express Clinic. You can see the list of tests available here.

Pre-Employment Physical Examinations

One of the most common tests that employers can ask potential employees to undergo is a pre-employment physical examination. These examinations are conducted to ensure that the candidate is physically fit and able to perform the tasks required by the job. In North Carolina, employers are allowed to require a physical examination as long as it is job-related and consistent with business necessity.

Drug and Alcohol Testing

Employers in North Carolina may ask their employees to submit to drug and alcohol testing, either as part of the pre-employment process or during their employment. The state does not have specific laws regulating drug testing in private-sector workplaces, so the process is largely up to the employer’s discretion. However, employers must have a written drug testing policy in place and provide a copy of the policy to employees.

It is important to note that employees who work in safety-sensitive positions, such as truck drivers or heavy machinery operators, are subject to federal drug testing regulations. These employees may be required to undergo pre-employment, post-accident, random, and reasonable suspicion testing for drugs and alcohol.

Background Checks

Background checks are another test that employers in North Carolina may require. These checks typically involve verifying a candidate’s employment history, education, and criminal background. Employers must comply with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, which means they must obtain written consent from the employee or applicant before running a background check.

Skills and Aptitude Testing

Employers may also ask their employees to undergo skills and aptitude tests to assess their competency and abilities related to the job they are applying for or their current position. These tests can range from basic math and reading assessments to more specialized evaluations related to specific job functions. Employers must ensure that these tests are relevant to the job and do not discriminate based on protected characteristics such as race, sex, or age.

Medical and Psychological Testing

In some cases, employers may require medical or psychological testing to assess an employee’s ability to perform their job safely and effectively. These tests can include medical examinations, psychological evaluations, and assessments of an employee’s mental health. In North Carolina, employers can only require medical or psychological testing if it is job-related and consistent with business necessity. Additionally, the employer must maintain the confidentiality of any medical or psychological information obtained during the testing process.

Genetic Testing

Under the Genetic Information Nondiscrimination Act (GINA), employers in North Carolina and across the United States are prohibited from requesting or requiring genetic information from employees or applicants. This means that employers cannot ask employees to undergo genetic testing as part of the hiring process or during their employment.

It is important for North Carolina residents to be aware of the various tests that employers can ask you to take and the regulations and guidelines governing these tests. By understanding your rights and responsibilities, you can navigate the workplace more confidently and ensure that your employer is complying with state and federal laws. If you have any concerns about the tests your employer is asking you to take, it is always a good idea to consult with an experienced employment attorney for guidance.