NCJ Number
213002
Journal
Polygraph Volume: 34 Issue: 4 Dated: 2005 Pages: 217-224
Date Published
2005
Length
8 pages
Annotation
This article examines issues concerning pre-employment interviews and polygraph examinations raised by the Americans with Disabilities Act (ADA) and offers practical solutions for employers.
Abstract
The author suggests that since most experts would agree that polygraph examinations are neither medical nor psychological tests, they are permissible before a conditional offer of employment is extended to a job candidate. Problems arise, however, when polygraph examiners attempt to ascertain the candidate’s suitability for testing prior to the examination, which would entail questions regarding the candidate’s health. These types of health questions are strictly prohibited by the ADA prior to a conditional job offer. One solution is to direct examiners to evaluate the candidate’s suitability using indirect verbal questioning and observations of the candidate’s non-verbal behavior during pre-testing. Three other options for conducting pre-offer polygraph examinations of job candidates are described before the author examines how the ADA impacts recovering alcoholics and drug addicts. While the ADA has classified some recovering alcoholics and drug addicts as “successfully rehabilitating” and thus covered by the ADA, the legislation fails to clarify the definitions of “current users,” who are not covered under ADA regulations, and the “successfully rehabilitating” users who are covered. As such, employers are advised to apply their own definitions until case law clarifies the point. The author also offers advice on how employers should handle pre-offer health information volunteered by candidates and addresses the issue of reasonable accommodation in terms of pre-employment interviewing and polygraph testing. References