NCJ Number
104957
Journal
Washington and Lee Law Review Volume: 43 Issue: 4 Dated: (Fall 1986) Pages: 1411-1432
Date Published
1986
Length
22 pages
Annotation
Congress should amend the proposed Federal Polygraph Protection Act to allow private employers to use the polygraph in the investigation of specific incidents of employee misconduct, when the polygraph examination is objectively administered by a competent professional.
Abstract
The 1985 Polygraph Protection Act aims to remedy the perceived ineffectiveness and lack of uniformity of State polygraph regulation by prohibiting polygraph use by private employers engaged in interstate commerce. Despite allegations of the inaccuracy and unreliability of the polygraph, strong evidence indicates polygraph examinations limited to specific matters are accurate and reliable. The act implicitly recognizes this in exempting public employees and the employees of defense contractors from the act's prohibitions. Given the staggering cost of employee theft to businesses, the act should allow private employers to use the polygraph for specific matters. Information on general aspects of an employee's or applicant's background can be obtained by other less intrusive means. The act should limit polygraph examination questions to specific acts of wrongdoing which are the object of the investigation. Because the accuracy and reliability of a polygraph examination depends on the competence of the examiner, the act should establish uniform Federal standards of examiner competency and examination procedure. 152 footnotes.