§2007 Restrictions on use of exemptions

Summary

Certain exceptions that let employers use polygraph tests do not apply if a worker is fired, disciplined, denied a job or promotion, or treated unfairly based only on the test chart or on the worker’s refusal to take the test. In other words, an employer cannot use the chart or a refusal as the sole reason for a negative job action. Those exceptions only work if strict rules are followed. During any part of the test, the person may stop at any time. Questions cannot be asked to humiliate or pry into private matters. The tester may not ask about religious beliefs, race opinions, political views, sexual behavior, or union activities. Testing must stop if a doctor provides written proof that a medical or mental condition could make results unreliable. Before the test, the person must get written notice of the time and place, be told in writing what the test and equipment are, be told if observers or recording devices will be used, and be allowed to talk with a lawyer or representative. The person must sign a written notice saying the test is not required for employment, that statements during the test might be used as supporting evidence, and explaining legal rights. All test questions must be shown in writing before the test. Before taking any adverse action, the employer must re-interview the person about the results and give written copies of the tester’s opinion, the questions, and the charted responses. A tester may give no more than five tests a day and each test must last at least 90 minutes. The tester must meet state licensing rules if they exist, carry at least $50,000 in bond or liability coverage, write opinions based only on chart analysis (not job recommendations), and keep all records for at least 3 years.