§2007 Restrictions on Use of Exemptions

Summary

Employers may not fire, punish, refuse to hire, or deny a promotion to someone only because of a polygraph result or because the person refused the test. The test result or refusal cannot be the sole reason for an adverse job action; the employer must have other supporting evidence. People taking a polygraph can stop at any time and cannot be asked humiliating or overly personal questions. Questions about religion, race views, political beliefs, sexual behavior, or union activity are not allowed. If a doctor says a medical or psychological condition might affect results, the test must not be given. Before the test, the person must get written notice of when and where it will happen, be told they can talk with a lawyer or employee representative, be shown the questions in advance, and be told if the room has cameras, two-way mirrors, or recordings. They must sign a written notice that the test is not required for employment and that test statements may be used as supporting evidence. No new questions can be asked during the actual test. After the test, the employer must interview the person about the results and give a written copy of the examiner’s opinion plus the questions and charted answers. An examiner may give no more than five tests in one day and each test must last at least 90 minutes. The examiner must have any required state license, keep at least $50,000 in bond or liability coverage, give a written opinion based only on the chart analysis (without recommending employment action), and keep all test records for at least 3 years.