Appendix A to Part 801 - Notice to Examinee
29:3.1.1.3.54.6.489.23.5 : Appendix A
Appendix A to Part 801 - Notice to Examinee
Section 8(b) of the Employee Polygraph Protection Act, and
Department of Labor regulations (29 CFR 801.22, 801.23, 801.24, and
801.25) require that you be given the following information before
taking a polygraph examination:
1. (a) The polygraph examination area [does] [does not] contain
a two-way mirror, a camera, or other device through which you may
be observed.
(b) Another device, such as those used in conversation or
recording, [will] [will not] be used during the examination.
(c) Both you and the employer have the right, with the other's
knowledge, to record electronically the entire examination.
2. (a) You have the right to terminate the test at any time.
(b) You have the right, and will be given the opportunity, to
review all questions to be asked during the test.
(c) You may not be asked questions in a manner which degrades,
or needlessly intrudes.
(d) You may not be asked any questions concerning: Religious
beliefs or opinions; beliefs regarding racial matters; political
beliefs or affiliations; matters relating to sexual preference or
behavior; beliefs, affiliations, opinions, or lawful activities
regarding unions or labor organizations.
(e) The test may not be conducted if there is sufficient written
evidence by a physician that you are suffering from a medical or
psychological condition or undergoing treatment that might cause
abnormal responses during the examination.
(f) You have the right to consult with legal counsel or other
representative before each phase of the test, although the legal
counsel or other representative may be excluded from the room where
the test is administered during the actual testing phase.
3. (a) The test is not and cannot be required as a condition of
employment.
(b) The employer may not discharge, dismiss, discipline, deny
employment or promotion, or otherwise discriminate against you
based on the analysis of a polygraph test, or based on your refusal
to take such a test without additional evidence which would support
such action.
(c)(1) In connection with an ongoing investigation, the
additional evidence required for an employer to take adverse action
against you, including termination, may be (A) evidence that you
had access to the property that is the subject of the
investigation, together with (B) the evidence supporting the
employer's reasonable suspicion that you were involved in the
incident or activity under investigation.
(2) Any statement made by you before or during the test may
serve as additional supporting evidence for an adverse employment
action, as described in 3(b) above, and any admission of criminal
conduct by you may be transmitted to an appropriate government law
enforcement agency.
4. (a) Information acquired from a polygraph test may be
disclosed by the examiner or by the employer only:
(1) To you or any other person specifically designated in
writing by you to receive such information;
(2) To the employer that requested the test;
(3) To a court, governmental agency, arbitrator, or mediator
that obtains a court order;
(4) To a U.S. Department of Labor official when specifically
designated in writing by you to receive such information.
(b) Information acquired from a polygraph test may be disclosed
by the employer to an appropriate governmental agency without a
court order where, and only insofar as, the information disclosed
is an admission of criminal conduct.
5. If any of your rights or protections under the law are
violated, you have the right to file a complaint with the Wage and
Hour Division of the U.S. Department of Labor, or to take action in
court against the employer. Employers who violate this law are
liable to the affected examinee, who may recover such legal or
equitable relief as may be appropriate, including, but not limited
to, employment, reinstatement, and promotion, payment of lost wages
and benefits, and reasonable costs, including attorney's fees. The
Secretary of Labor may also bring action to restrain violations of
the Act, or may assess civil money penalties against the
employer.
6. Your rights under the Act may not be waived, either
voluntarily or involuntarily, by contract or otherwise, except as
part of a written settlement to a pending action or complaint under
the Act, and agreed to and signed by the parties.
I acknowledge that I have received a copy of the above notice,
and that it has been read to me.
(Date) (Signature) [56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10,
1991]