§2002 — Title 29 Labor | U.S. Code

Summary

Employers whose business touches commerce or who make goods for commerce may not make employees or job applicants take lie detector tests, unless sections 2006 or 2007 allow it. They also may not ask for, accept, or rely on any lie detector results. Employers cannot fire, punish, treat someone unfairly, or refuse to hire or promote a person because they refused a test, because of the test results, or because the person filed a complaint, testified in a related case, or used any rights under this law.

Title 29, §2002

Labor — Source: USLM XML via OLRC

Except as provided in section 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce—

(1)directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test;

(2)to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee;

(3)to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against—

(A)any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, or

(B)any employee or prospective employee on the basis of the results of any lie detector test; or

(4)to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because—

(A)such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter,

(B)such employee or prospective employee has testified or is about to testify in any such proceeding, or

(C)of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 6 months after June 27, 1988, except that

Rules and Regulations

shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.

§2002 Prohibitions on lie detector use

Summary

Title 29, §2002

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Rules and Regulations

Citations & Metadata