Employee Polygraph Testing
In 1989 the Federal Government passed the Polygraph Protection Act. Pre-employment polygraph testing is now limited to
federal and local government agencies, armored car services, those dispensing controlled substances and security companies
involved in national security.
Employee Theft and MisconductEmployers may conduct polygraph
test for theft, fraud or misappropriation if they can meet the following guidelines:
Prove that there is in fact a shortage or misconduct.
Prove that there is an ongoing investigation in regards to the incident.
Prove that the person to be tested had more than "just access" to the items missing or the incident under investigation.
This can be from information received from an anonymous source. This can also be another employee witness an unusual transaction
may by the employee in question.
Advise the employee of their rights under the polygraph protection act.
The employee must be given a form showing the purpose of the test and why they are being ask to take a test. If they refuse
the employer can not take any adverse action against the employee.
There is a 48 hour waiting period after the employee receives the form. After the 48 hour waiting period the test
can be given, if the employee agrees to do so. This does not include weekends and holidays.
They must be given a form showing the date, time and location of the test.
These are non-waivable rights. This means that an employee can not waive their rights under this act.
The results of the test can not be used to take any adverse action against the employee.
If deception is indicated, then the employee must be given a copy of the polygraph examiners report.
The polygraph examination must be at least ninety minutes in duration. The examiner must produce at least two polygraph
charts during the examination.