Q: went in for employment screening! Part of the process was strength test in front of others is this a hippa violation?
I went in and started the strength and agility test, they invited several others to sit and wait their turn in the same room, not the waiting room where I was being observed by other people I didn’t know durring my test it felt very embarrassing and violating in my opinion! I’m wondering if this is a violation of Hippa! I did mention it and the man preforming the test and he didn’t seem to care! Just wondering your thoughts thanks
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, HIPAA generally protects your medical records and private health information from being shared without your consent. However, HIPAA typically does not apply to employment-related processes like physical exams or strength tests that are part of pre-employment screenings. These screenings are often not considered "medical" in the same way that treatment by a doctor is, so HIPAA protections may not apply.
That being said, if the environment made you uncomfortable, and you felt exposed or embarrassed during the test, you might consider discussing your concerns with the company’s human resources department. While it may not be a HIPAA violation, it could still raise concerns under other workplace privacy or dignity rules.
If you feel your privacy or rights were compromised, seeking further advice on employment law in California could help clarify what protections might apply to you in this situation. You deserve to feel respected and comfortable during any employment screening process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
