Can Your Boss Force You to Take a Polygraph or Lie Detector Test?
Imagine that you apply for a job, and the interview process seems to be going pretty well. They tell you that you’re in line to get hired, there’s just one more hurdle: they want you to take a polygraph, or lie detector test. Can they do that–can you be required to take a lie detector test?
Lie Detector Tests Are (Mostly) Not Allowed
The answer is generally no, both under state and federal laws.
Under California law, no employee can be forced to take a lie detector test as a condition of employment.
Your employer can ask you to take one, but in doing so, they must provide you written notice of your right to refuse the test, and inform you that your refusal won’t affect your application, or your job status. Your consent, if you do consent, must also be in writing. Your consent must be provided before the actual test is conducted.
Note that if you do get the required notices, and you knowingly and voluntarily agree to take the test, the employer can act on the results of that test–in other words, your employer can refuse to hire you or terminate you, based on the results of the test. So, because they can’t punish you for refusing, but they can do so if you consent and the results don’t come out in your favor, there often is no real reason to voluntarily agree to take a lie detector test.
Federal law says the same thing, although there are some exceptions for jobs in federal law enforcement. Additionally, many state and federal government workers are exempt–meaning that they can be required to take a lie detector test.
Even when they are allowed, there are restrictions on how they are performed, the machinery that is used, and the length of the polygraph test.
What if There’s a Need?
These restrictions apply, even if there appears to be a need for a lie detector test. For example, if an employer thought one of her employees was stealing, but didn’t know who, it would be illegal for the employer to force all current employees to take a lie detector test, to see who the thief actually is.
No Retaliation for Refusing
Employers cannot condition any benefit–even, say, a bonus, or a workplace perk, or training, or favorable work assignments–on the taking of a lie detector test, nor can they retaliate against workers who, given the disclosures, opt to refuse to take the lie detector test.
Employees who are wrongfully subjected to a lie detector test–or subjected to them, without the required notices and disclosures, and who are punished, can file a wrongful termination claim against their employer.
What About At Will Status?
California courts have found that the use of polygraph testing significantly impedes employees’ rights to privacy, and as such, the right to privacy, and the restriction on the usage of lie detector tests, is a matter of public policy, overriding the “at will” employment status of most employees.
Contact the San Jose employment attorneys at the Costanzo Law Firm today for help if you’ve been treated unfairly at work.
