A bill to amend title 18, United States Code, to regulate polygraph and other detection of deception examinations and prohibit certain practices with respect thereto for the purpose of protecting the privacy rights of employees and individuals seeking employment with employers engaged in any business or activity in or affecting interstate commerce while permitting such employers to use such examinations to protect their businesses and control property losses attributable to employee theft and other acts of misconduct.

Summary

Amends the Federal criminal code to specify prohibited activities with respect to the administration or use of a polygraph or other detection of deception examination on behalf of an employer engaged in business affecting interstate commerce. Forbids any such examination from including inquiries into the truthfulness or untruthfulness of an individual with respect to: (1) any event occurring more than seven years before the examination date; (2) any information or belief relating to any matter involving religion, race, politics, or labor organizations; and (3) any matter relating to sexual behavior, unless such behavior is related to job performance. Requires a person administering a polygraph or other detection of deception examination to an individual to: (1) provide such individual a verbatim statement of each question to be asked; (2) obtain the consent in writing of such individual; (3) inform such individual that no Federal law requires his participation; (4) provide such individual an opportunity to explain any reaction indicating emotional stress; and (5) use an instrument which records cardiovascular, respiratory, and galvanic skin responses patterns as minimum standards. Prohibits a person administering such an examination from: (1) refusing to provide the individual with a copy of any report or recommendation prepared for the employer on whose behalf the examination was administered; (2) disclosing the test results to anyone except the individual or employer in certain types of investigations; (3) intentionally preparing any misleading, biased, or falsified report or recommendation in connection with such examination; and (4) administering such examination surreptitiously.

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• Introduced in House

  summary · EN · 28 April 1981

  Open at official source

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