Fair Employment Polygraph Practices Act

Summary

Fair Employment Polygraph Practices Act - Prohibits the administration of a polygraph (or other detection of deception) examination for any employment-related purpose unless the examiner: (1) informs the individual examined that no Federal law requires the examination; (2) obtains such individual's prior written consent to such examination; (3) discusses or reviews with such individual, prior to such examination, all subject matters within its scope; (4) gives such individual an opportunity to explain any changes in cardiovascular, respiratory, or galvanic skin response patterns during the examination before the administrator evaluates and renders an opinion as to the individual's truthfulness or untruthfulness; and (5) bases such evaluation or opinion principally upon such physiological changes. Prohibits examiners in such cases from inquiring into, evaluating or reporting with respect to any issue not related to job performance. Includes among such matters which are not job-related: (1) religion or religious affiliations; (2) race; (3) political issues or affiliations; (4) labor-management issues or labor organization affiliations; or (5) sexual behavior (unless directly related to job performance). Prohibits examiners in such cases from refusing to provide to the individual examined a copy of any written report or written recommendation based on the results of such examination which is prepared for or made available to the employer who requested the examination. Prohibits such examination administrators from disclosing such results, except: (1) to the individual examined, such individual's designee upon a written designation, or to the employer who requested the examination; (2) in any labor arbitration proceeding in which the individual examined is a party; (3) in any disciplinary investigation or proceeding in which the examiner is a party; or (4) in any legally-required official investigation or proceeding. Prohibits examiners from administering such employment-related examinations surreptitiously. Prohibits employers from requiring or threatening to require an employee to submit to a polygraph or other detection of deception examination as a condition for continued employment or promotion, unless such employer has a reasonable suspicion that the employee is or has been engaged in specific criminal conduct directly related to job performance. Sets the maximum penalty for a violation of this Act at a $10,000 fine, or one year imprisonment, or both. Provides that this Act shall not supersede any State law relating to the administration and use of polygraph examinations for employment-related purposes unless such State law prohibits conduct permitted under this Act or permits conduct prohibited under this Act.

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1 official file

• Introduced in House

  summary · EN · 30 July 1985

  Open at official source

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