The Federal Employee Polygraph Act of 1988
prohibits most private employers not only from requiring
job applicants or employees to submit to a
lie
detector test, but even from requesting that they
take one. More than half the states have polygraph
protection laws of their own. Many of these states
prohibit employers from requiring job applicants to
take
polygraph tests as a condition of employment.
In states where there are stronger laws prohibiting
lie detector tests, the federal law is of no consequence
and state law governs.
Employers cannot ask applicants or employees to undergo
a polygraph test as a condition for getting a job
or keeping a job. If employers or prospective employers
ask individuals to take a lie detector test, they
are prohibited from disciplining, discharging,
or otherwise discriminating against individuals
who refuse to take it. Employers cannot retaliate
against applicants or employees for filing a complaint
or otherwise asserting their rights under the law.
If employers proceed with the test anyway, they have
to inform the employee that it is not mandatory to
take the test, and that they can refuse to take it
or quit taking it any time. In the test, there should
be no question related to race, religion, sex,
etc., or any question that infringes on employee privacy.
The test results cannot be disclosed to anyone other
than the employee and the employer.
Exceptions
The law does not stop employers from ordering lie
detector tests when workplace theft or other misconduct
causes a financial loss, but tests can be given only
under certain circumstances. For example, the employer
must be investigating a specific incident related
to theft, sabotage, arson, or misappropriation; the
employee(s) must have had access to the missing or
damaged property; and the employer must have reasonable
suspicion. Before being asked to undergo a polygraph
test, employees should be provided with a written
notice about the incident being investigated and the
suspected reason. They should be provided with at
least 48 hours’ notice regarding the time and
place of the test.
