Common use of Psychological Testing Clause in Contracts

Psychological Testing. ‌ Psychological testing shall include but not be limited to any of the following: clinical assessment, stress evaluation, interview or counseling with a psychologist, psychiatrist, social worker or other mental health professional pursuant to the Employer's order. Psychological testing shall not include polygraph testing. Psychological testing of employees shall only be ordered by the employer where there is individualized, objective, and articulable indicia constituting just cause to believe that such testing of the affected employee is necessary because the employee's mental status poses a significant present threat to his/her own health and safety, the safety of his/her co—workers, or the safety of the public. Employees may be relieved of duty without loss of pay or benefits pending such testing or pending the receipt of the results, for just cause. Test results, interview notes, reports, etc., shall be strictly confidential. Psychologist or other mental health professional shall be informed by the Employer that an employee may be deemed unfit for duty only if the employee's mental status poses a significant and direct present threat to his/her own health and safety, the safety of his/her co- workers, or the safety of the public. The psychologist, or other mental health professional shall notify the Employer of his/her opinion as to the employee's ability to perform the essential functions of his/her job, only after having been advised in writing by the Employer of those essential functions. The psychologist, or other mental health professional shall not disclose any case history, interview responses, test results or diagnoses supporting his/her opinion concerning the employee's ability to perform the essential functions of his/her job without the express written consent of the employee. Only licensed and certified mental health professionals trained and experienced in psychological test techniques and interpretation may conduct the testing. At no time may the mental health professional be advised by the Employer of any disciplinary, personal or other information or allegations against the employee. The purpose of this provision is to ensure the objectivity of the evaluator.

Psychological Testing. ‌ Psychological testing shall include but not be limited to any of the following: clinical assessment, stress evaluation, interview or counseling with a psychologist, psychiatrist, social worker or other mental health professional pursuant to the Employer's order. Psychological testing shall not include polygraph testing. Psychological testing of employees shall only be ordered by the employer where there is individualized, objective, and articulable indicia constituting just cause to believe that such testing of the affected employee is necessary because the employee's mental status poses a significant present threat to his/her own health and safety, the safety of his/her co—workers, or the safety of the public. Employees may be relieved of duty without loss of pay or benefits pending such testing or pending the receipt of the results, for just cause. Test results, interview notes, reports, etc., shall be strictly confidential. Psychologist or other mental health professional shall be informed by the Employer that an employee may be deemed unfit for duty only if the employee's mental status poses a significant and direct present threat to his/her own health and safety, the safety of his/her co- workers, or the safety of the public. The psychologist, or other mental health professional shall notify the Employer of his/her opinion as to the employee's ability to perform the essential functions of his/her job, only after having been advised in writing by the Employer of those essential functions. The psychologist, or other mental health professional shall not disclose any case history, interview responses, test results or diagnoses supporting his/her opinion concerning the employee's ability to perform the essential functions of his/her job without the express written consent of the employee. Only licensed and certified mental health professionals trained and experienced in psychological test techniques and interpretation may conduct the testing. At no time may the mental health professional be advised by the Employer of any disciplinary, personal or other information or allegations against the employee. The purpose of this provision is to ensure the objectivity of the evaluator.