Do lie detector tests administered by employers violate state or federal law?

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Do lie detector tests administered by employers violate state or federal law?

I am an employee with an online jewelry distributor. Though I did not steal anything, our employer submitted me and my colleagues to a lie detector test after alleging theft in our department. Prior to the test we were told to sign a form saying that we agreed to the test. We did so under duress, however: we were told that if we did not sign the form it would mean that we were hiding something–implying obvious job consequences). Under stress I was administered the test first, in part as a means to demonstrate to the other employees how the test worked.

Asked on February 17, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Sometimes employers require background checks to be done before hiring but submitting to a lie detector test does sound to be a form of harassment and creating a hostile work condition. You should silently consult with your state's department of labor and see if this is even on the books as a prohibited act. If not and since this is an online company, you should also check with the state in which the company is located to ensure they are not running afoul of their state's labor laws, either.


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