Lie detector or polygraph tests can provide employers with a tool to test the honesty of a prospective or current employee. But watch out, because the tests can do you more harm than good and invite lawsuits.
Under California law, it’s illegal for private-sector employers to demand or require employees or applicants to submit to a polygraph, lie detector, or similar test. If you do “request” that an employee submit to such a test, you must advise the employee in writing that the test isn’t required as a condition of employment or continued employment. Note that because it’s illegal to require an employee or applicant to take a polygraph or lie detector test, you cannot take adverse action against an applicant or employee who refuses to submit to one.
California law provides that federal, state, and local government employees may be required to submit to a lie detector test as a condition of employment. But public safety officers can’t be compelled to take such a test against their will, and an employer is forbidden from retaliating against a public safety officer who refuses to take a test. Further, a refusal to submit to the test can’t be referred to in an investigator’s notes or entered as evidence against the employee.
Federal law also limits the use of polygraph and similar tests, and imposes additional restrictions, including when such tests are administered in connection with an investigation involving economic loss or injury to the employer’s business (such as theft or embezzlement).
Additional Resources:
California Labor Code section 432.2
Lie Detector Tests, Employment Law Guide U.S. Department of Labor
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