Key Terms and Definitions
Lie Detector Test: A polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of giving a diagnostic opinion regarding the honesty or dishonesty of an individual.
Limited Exceptions: Law and Office of Compliance Regulations create several exemptions to the general prohibition on lie detector tests. In general, those exceptions on the prohibition apply to covered employees involved in national security work with access to top secret information; to covered employees who have access to controlled substances; to investigations regarding theft or economic harm to an employer; and to the Capitol Police. This is not an exhaustive list of the allowable exceptions to the prohibition. Consult Office of Compliance Regulations for a complete list of exceptions.
Restrictions on Lie Detector Test Administration: Where lie detector tests are allowed (other than in the intelligence context or by the Capitol Police), the CAA subjects such tests to strict standards concerning conduct and length of the test and use of results. Examinees also have a number of rights, including the right to notice before testing and the right to refuse or discontinue a test.
Oral or Written Tests: This term includes both oral and written “honesty tests” and hand writing (graphology) tests.
Tests for Drugs or Alcohol: The term “lie detector” does not include the use of tests of bodily fluids used to determine the presence of drugs or alcohol.
