§2006 Exemptions

Summary

Allows certain employers and situations to use polygraph (lie detector) tests even though the general rules limit them. It does not apply to the United States Government, any State or local government, or their parts. The Federal Government may use polygraphs for counterintelligence and intelligence work. That includes some DoD and DOE contractors tied to atomic energy defense, workers and applicants at agencies like the NSA, DIA, NGA, and CIA, people in spaces with sensitive cryptologic information, and contractors who need access to top secret or special-access program information. The FBI may also use polygraphs for its contractors. These permissions must follow sections 2007 and 2009 of this title. Private employers can use polygraphs in a few specific cases. An employer may test an employee during an ongoing investigation of economic loss (for example, theft, embezzlement, or sabotage) if the employee had access to the property, the employer has reasonable suspicion, and the employer gives the employee a signed written statement naming the incident, the employee’s access, and the reasons for testing. That statement must be kept at least 3 years. Employers whose main business is providing armored car crews, security alarm installers/maintainers, or other security staff may test job applicants if the worker would protect facilities, materials, operations, or assets that affect health, safety, or national security (rules to define these were to be issued within 90 days after June 27, 1988). Employers licensed to handle controlled drugs (Schedules I–IV) may test applicants with direct access to those drugs, and may test current employees during investigations of drug loss or diversion if the employee had access.