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PL 100-347: Employee Polygraph Protection Act of 1988

NCJ Number
114964
Journal
Polygraph Volume: 17 Issue: 4 Dated: (December 1988) Pages: 138-148
Editor(s)
N Ansley
Date Published
1988
Length
11 pages
Annotation
Public Law 100-347 is designed to prevent denial of employment opportunities by prohibiting the use of lie detectors by employees involved in interstate commerce.
Abstract
Under the law, lie detector includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator or any other similar device (mechanical or electrical) that is used for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. The law prohibits employers from requiring or suggesting that any employee or prospective employee take a lie detector test; prohibits the use of test results; and prohibits the discharge, discipline, or discrimination against any employee on the basis of test results or for refusal to submit to lie detector testing. The law calls for civil penalties against employers who violate the terms of the law. It also specifies certain exemptions in the interest of national defense and security, in the case of Federal Bureau of Investigation contractors; in certain ongoing investigations; and in specified security services. Restrictions on the use of exemptions are delineated. Rights of the examinee during the pretest, test, and post-test phases are outlined, as are qualifications and requirements of examiners. The law was approved June 27, 1988. Notes.