29 U.S.C. § 2002: Prohibitions on lie detector…

Summary

Unless sections 2006 or 2007 allow it, employers who do business across state lines or make goods for sale may not require, ask, pressure, or force employees or job applicants to take lie detector tests. They also may not use, accept, or ask about the results. Employers may not fire, punish, treat someone unfairly, refuse to hire or promote, or threaten these actions because a person refused a test or because of test results. They also may not retaliate against anyone for filing a complaint, testifying, or using rights under this law.

Title 29, §2002

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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