['Recruiting and hiring']
['Employee Polygraph Protection Act']
06/12/2024
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Summary of differences between federal and state regulations
Polygraph protection
Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments. Employers may not require as a condition of employment or continued employment that an applicant or employee take a truth and deception examination unless such employment involves public law enforcement.
An employer may ask an employee or applicant to submit to a truth and deception examination if:
- No questions are asked concerning the examinee’s sexual practices, labor union, political or religious affiliations, or marital relationships.
- The examinee is given written and oral notice that the examination is voluntary and that he or she may discontinue it at any time.
- The examinee signs a statement that the examination is voluntary.
- Applicants are asked only job-related questions.
- Applicants are not pre-selected for an examination in a discriminatory manner.
- Employees are asked to be examined only if the examination concerns a specific investigation.
- Examination results are not the sole determinant in the termination of employment.
- All questions and responses are kept on file by the employer for one year.
Polygraph examiners
Polygraph examiners need to be licensed. The qualifications for obtaining a license include that the person must be a U.S. citizen and a resident of the state, at least 19 years old, not been under sentence for the commission of a felony within five years, never have been convicted of a felony or misdemeanor involving moral turpitude, have met certain educational and work experience requirements, have completed 250 classroom hours of approved formal instruction, provide his/her fingerprints; and pass an examination administered by the state.
Applicants for a license to operate a voice stress analysis instrument must meet these same qualifications, but require the completion of 150 classroom hours of approved formal instruction.
Only those polygraph instruments that record permanently and simultaneously cardiovascular, respiratory, and galvanic skin response patterns can be used. Instruments can additionally record other physiological changes.
Only those voice stress analyzer instruments that record permanently and simultaneously the human voice and detect and measure pitch, amplitude, frequency and other components of the human voice can be used.
State
Contacts
Polygraph protection
Nebraska Workforce Development, Nebraska Department of Labor, Labor and Safety Standards
Polygraph examiners
Administrative Secretary Polygraph/Voice Stress Examiners Licensing
Regulations
Polygraph protection
Chapter 81, Section 81-1932 of the Nebraska Statutes
Polygraph examiners
Chapter 81, Section 81-1901, et seq., of the Nebraska Statutes
Federal
Contacts
U.S. Department of Labor, Wage and Hour Division
Regulations
29 CFR Part 801 §§801.1 – 801.75
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