Polygraph Tests for Employees

April 13, 2006

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In case of a suspected theft, before you can require an employee to take a polygraph test, you must meet the following federal guideline requirements:

There must be an ongoing investigation involving an actual economic loss (stolen money, equipment, records).
The employee that you wish to test must have had access to whatever was stolen.
There must be reasonable suspicion.
You must provide the employee with a statement concerning the reasons why the test is to be conducted. The statement:
- must be given to the employee at least 48 hours before the test
- must be written so that the employee can understand it
- must fully disclose the loss, the employee access, and the basis of suspicion, and must be signed by you or your agent
The employee:
- can terminate the test at any time
- cannot be asked any intrusive or degrading questions
- cannot be asked questions concerning religious beliefs, racial opinions, political beliefs, sexual preferences, or beliefs concerning labor organizations
- cannot be tested if a physician has, in writing, advised against such a test on mental, physical, or other medical grounds

These guidelines, from the Employee Polygraph Act, in no way authorize the use of the polygraph for random testing or use arising out of investigations of unspecific incidents. In addition to the above, there are more guidelines on notices that must be posted concerning who may conduct the test and how the test is to be conducted, and on recordkeeping and disclosure requirements.

Warning

As with other consultants, select your polygraphist with care and insure that the individual who works for you meets all necessary qualifications.

As a practical matter, few employers resort to polygraph testing because of the onerous requirements. If an employee refuses to take the test, gets a doctor's note, or simply quits, there may not be much that you can do. If the loss is extensive, you may want to consult an attorney to discuss other courses of action.