NCJ Number
88408
Journal
Polygraph Volume: 11 Issue: 2 Dated: (June 1982) Pages: 159-184
Date Published
1982
Length
26 pages
Annotation
The long-standing disfavor the polygraph examination has been accorded in both court and arbitration cases is slowly easing, with many courts and arbitrators allowing employees or job applicants to be tested, and admitting the polygraph results into evidence in subsequent actions.
Abstract
Employee misconduct has become a major concern of public and private employers in recent years, as employee crimes against property have been estimated to cost between $12 billion and $40 billion annually. Examination of recent cases and relevant laws indicates that employers may request that a prospective employee submit to and successfully take a polygraph examination as a condition of employment. However, if the employers' use of the polygraph examination has a disproportionately adverse impact on members of a protected group, such use violates Title VII of the 1964 Civil Rights Act. Furthermore, employers violate the National Labor Relations Act if they use the polygraph to inquire into the applicant's union sympathies. Employers may require an employee to submit to a polygraph examination when the employee is the subject of specific evidence indicating misconduct in employment or when the employers' use of the examination represents a bargained-for condition of employment. Generally, when employers have a lawful motive to use the polygraph examination, the employee's refusal to take the examination constitutes cause for discharge within the meaning of Section 10 (c) of the National Labor Relations Act. Many courts allow polygraph evidence to be used only if there has been a prior stipulation to such use by both parties. A total of 108 footnote references are provided. (Author summary modified)