1. Why do you think Target administered this test? What did it learn about each applicant as a result of the test?
2. Is there any relevance between the responses to the questions asked and the individual’s ability to perform the job?
3. If Target’s main purpose was to determine emotional stability, what other method could it have used to obtain this information about its applicants?

Target has not demonstrated that its Psychoscreen questions are job-related, that is, that they provide information relevant to the emotional stability of its SSO applicants. Having considered the religious belief and sexual orientation questions carefully, we find this contention . . . persuasive. Although the state right of privacy is broader than the federal right, California courts construing article I, section I of the California constitution have looked to federal precedents for guidance. Under the lower federal standard, employees may not be compelled to submit to a violation of their right to privacy unless a clear, direct nexus exists between the nature of the employee’s duty and the nature of the violation.