NCJ Number
100515
Journal
Labor Law Journal Volume: 36 Issue: 11 Dated: (November 1985) Pages: 817-834
Date Published
1985
Length
18 pages
Annotation
This article explains why employers' use of the polygraph can lead to litigation, considers polygraph reliability, and offers practical suggestions for legal use of the polygraph.
Abstract
Forty-one States have legislation concerning the polygraph: 21 States require that the polygraph be voluntary, 11 prohibit polygraphs, and 9 require that the polygrapher be licensed. Nine more States have no laws regulating the polygraph. Polygraphs can lead to litigation because of (1) violation of a State statute, (2) intentional or negligent infliction of emotional distress, (3) outrageous conduct, (4) invasion of privacy, (5) wrongful discharge of private or public employees, (6) violation of civil rights laws, (7) violation of National Labor Relations Act, (8) unemployment controversies, and (9) arbitration of discharges. Polygraph accuracy depends on the subject's entering the testing voluntarily, the examiner's expertise, and the subject's mental and physical characteristics. To avoid the possibility of litigation, employers should, prior to using the polygraph on an individual, (1) explain the process, (2) review the questions that are of concern to allow one more opportunity for the employee to admit a violation of policy without polygraph testing, (3) follow all State and Federal regulations, and (4) ensure that the polygrapher is licensed and insured. The appendix summarizes laws regulating employer use of polygraphs. 65 footnotes.