Pre-Employment and Fitness-for-Duty in the Law Enforcement Arena

Abstract

Integration of Internet-based data as an additional factor for consideration in hiring and termination decisions is no longer considered a pioneering method; in fact, it is now emerging as an important source of collateral data. However, the precise and systematic use of this information, including the degree of emphasis on its inclusion, in conducting and making determinations as related to pre-employment psychological evaluations (PEPE) and fitness-for-duty evaluations (FFDE) by psychological evaluators is still in its infancy. This chapter provides an overview of generally accepted practices for performing these types of evaluations for law enforcement (LE) agencies. Benefits and risks of incorporating information gathered from social networking sites (SNS) in decision-making by psychologists about a candidate’s suitability and a peace officer’s ability to safely and reliably perform the essential functions of his/her position are analyzed within ethical and legal contexts. Case examples are presented that illustrate the relative weight such collateral data can be afforded. A series of best practices is concomitantly introduced for the inclusion of Internet-based data in PEPE and FFDE to assist the LE agency in reducing negligent hiring, retention, and the potential for other types of litigation.