Running head: EMPLOYMENT LAW 1
Employment Law: Employees taking Polygraph Tests
In many instances, employees and job applicants have been obligated to take a lie detector test before getting employed. Employers have for decades imposed psychological stress evaluator tests on job applicants to measure their truthfulness by monitoring their bodily functions such as blood pressure and perspirations. Often, they use this tool to ask personal questions such as sexual preferences and finances. Like most machines, a polygraph machine is prone to error and when an employee or applicant reacts to an offensive question, they are labeled as liars and maybe denied employment (Guerin, 2016).
Federal law and state laws prohibit employers from forcing potential employees from taking a lie detector test. In 1988, the employee polygraph protection act was passed and it covers private employers in interstate commerce. This Act prohibits the specified employers from requesting or requiring any job applicant or employee from taking a polygraph test, using or referring to the results of the lie detector tests and/or dismissing, disciplining or discriminating against an employee or job applicant who refuses to take the lie detector test. However, government employees are not protected by this law and can therefore be made to take the tests. Civil service rules can be used by government employees who want to dodge the test (Guerin, 2016).
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The polygraph test can be administered on job applicants or employees in jobs concerning security, handling drugs or other sensitive work relating to national defense. A lie detector test can also be given when investigating specific theft and crimes. The law states that an employee who falls under these categories and is supposed to get the test is to be given a written notice at least 48hours prior to the test and should be reasonable suspicion that the employee was involved in the theft or other conduct triggering the investigation. In addition, the examiner cannot ask questions that are intrusive or demeaning to the employee or job applicant (Berlin, 2015).
With consideration to the above discussion, it is correct to deduce that Taylor being required to take the polygraph test is a violation of his right and the employer is also breaking federal and state laws. Taylor can sue the bank when he is not considered for the job by claiming that he has been discriminated against because he refused to take the test as stated in the 1988 Act.
References
Berlin, R., 2015. When and How Can You Give Polygraph Tests to Employees? National Labor Relations Act. Retrieved On August 15, 2016 from Www.Alllaw.Com/Articles/Employment/Article4.Asp
Guerin, L., 2016. State Laws on Polygraphs and Lie Detector Test. National Labor Relations Act. Retrieved On August 15, 2016 from www.nolo.com/legal-encyclopedia/state-laws-polygraphs-lie-detector-tests.html
