Release of pre-employment results

Victoria Thomas

Due to safety sensitive nature of our work, some employees are required to take a personality assessment. We mostly use the MMPI-2 and it is read by a clinical psychologist. We have employees who request a copy of the read-out to use for pre-employment with other companies. They say if they can prove that they had passed one with us, the new perspective company will accept that. Other than not having the time to copy and send these off to help our employees find other work, I am concerned about the liability that my company would have if they hired an individual because they had provided a copy of the MMPI-2 from our files and then they did something that was bad and it resulted in a lawsuit. Could my Company be held liable as enabling them to get another job.

I am concerned that we not get involved in another company's hiring process. This is not a medical exam as it does not measure illness, but tendancies toward acting out certain behaviors. It is not viewed by a medical doctor, but by a clinical psychologist.

Are we legally bound to copy and send off to requesters this pre-employment document.

Thank you,
Victoria Thomas

smaces_twin

TN does not have a state law for private employers regarding ee access to personnel files. I would not give them copies knowing their intent was to give them to another employer. I would also be concerned with liability.

Dutch2

Wouldn't this be like any other item that you keep in your personnel files and therefore be considered "company property?"
Dutch2

smaces_twin

You are right. But certain state laws require you make copies of certain files upon request, some even allow ex-ee's to get copies. So absent that law I would consider it compnay property and not (as I advised) give them a copy.

Pork

Unless the employee paid for the measurement instrument or behavior profile it is company property and I would not give anyone a copy, excluding court order to provide the personnel file. However, I believe I would special qualify this instrument into personnel behaviorial file and keep it locked up and secure and seperate of the personnel file. Therefore, if the personnel file is summoned this is by company policy not included in the personnel file and not provided as a response to a summons or warrant action.

PORK

Crout

Having taken a personality test a looooong time ago for a job collecting shopping carts in a parking lot, and when I reflect upon the "personalities" of some of my co-workers the test approved for hire, if I were you I would shudder at the prospect of another company using my company's test to screen their candidates. Unless you have a specific State law governing this, I would not give out copies of that test to any employee.

Don D

It would seem a very slim chance that an employee or ex-employee of yours would have another potential employer who uses the instrument. It is even more remote that the ex-employee or his potential employer would have any ability whatsoever to interpret the personality inventory's results. The Minnesota Multiphasic Personality Inventory is not an instrument that provides a list of results one can carry around in his back pocket to whip out and identify himself and his traits. It has to be interpreted by a licensed professional. Otherwise, it's as worthless as a horoscope.

Regardless of my opinion on that, I would not give a copy to anybody for any reason. Nor would I keep those in the personnel file. They have no utility and do not belong in the personnel file.