Polygraph Protection Act of 1987

Summary

Polygraph Protection Act of 1987 - Prohibits any employer from: (1) requiring or suggesting that an employee or prospective employee take a lie detector test; (2) using lie detector test results; or (3) taking employment action against an employee or prospective employee who refuses to take a lie detector test or institutes a proceeding under or related to this Act. Requires the Secretary of Labor (the Secretary) to prepare notices setting forth such prohibitions. Requires employers to post such notices. Provides civil penalties for violations of this Act. Grants the Secretary authority to restrain violations of this Act. Allows employees and prospective employees to bring civil actions against any employer who violates the provisions of this Act. Imposes a three-year statute of limitations for such actions. Exempts from coverage under this Act: (1) Federal, State, and local governments; (2) certain Federal contractors; and (3) tests conducted pursuant to the performance of intelligence or counterintelligence functions. Provides a limited exemption under which an employer may request certain employees to submit to a polygraph test if the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer's business, including theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage. Specifies reporting requirements of the employer under such circumstances. Requires the employer to comply with applicable State and local laws and any negotiated collective bargaining agreement that limits or prohibits the use of lie detector tests on employees. Declares that such limited exemption does not apply if an employee is discharged, dismissed, disciplined, or discriminated against in any manner on the basis of the results of one or more polygraph tests or the refusal to take a polygraph test, without additional supporting evidence. Sets forth the right of an examinee during the pretest phase, the actual testing phase, and the post-test phase. Specifies the qualifications of an examiner and directs the Secretary to promulgate standards for such individuals. Prohibits the disclosure of information obtained from a polygraph test, except as provided by this Act.

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3 official files

• Indefinitely postponed in Senate

  summary · EN · 3 March 1988

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 11 February 1988

  Open at official source

• Introduced in Senate

  summary · EN · 1 December 1987

  Open at official source

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