Frequently Asked Questions
Question: May an employing office request an employee who does not work in that office to submit to a lie detector test?
Answer: No. The prohibitions on the use of lie detector tests by an employing office apply regardless of whether the covered employee works in the employing office requesting the test.
Question: Are there any exceptions to the general prohibition against the use of lie detector tests?
Answer: Yes, the law and Office of Compliance Regulations create four exceptions to the general prohibition on the use of lie detector tests by employing offices. Those who are involved in intelligence or counterintelligence activities and have access to top secret information may still be required to take lie detector tests. The Capitol Police may also require lie detector tests of its own employees or, as part of an ongoing investigation, of other covered employees. Lie detectors may also be permitted in the course of an ongoing investigation into a specific incident that resulted in economic loss or injury to an employing office's operations. An employing office authorized to manufacture, distribute, or dispense controlled substances is also permitted to require that a lie detector test be administered to a prospective employee who will have access to such substances, or to a covered employee in connection with an investigation of misconduct involving controlled substances.
Question: What are the rights of an employee who is requested to submit to a lie detector test under the ongoing investigation or controlled substances exceptions?
Answer: During all phases of polygraph testing the employee being examined has the following rights: the examinee may terminate the test at any time; the examinee may not be asked any questions designed to degrade or unnecessarily intrude on the examinee; the examinee may not be asked any questions regarding religious beliefs or affiliations, racial matters, political beliefs or affiliations, sexual behavior, or beliefs, affiliations, opinions, or lawful activities concerning unions or labor organizations; and the examinee may not be tested when there is sufficient written evidence from a physician that the examinee is suffering from any medical or psychological condition or undergoing treatment that might cause abnormal responses during the test.
Question: May information obtained during a lie detector test be disclosed?
Answer: Unauthorized disclosure of any information obtained during a polygraph test by any person, other than the examinee, is prohibited, except as follows:
- a polygraph examiner or an employing office may disclose information acquired from a lie detector test only to the examinee or an individual specifically designated by the employee to receive such information; the employing office that requested the polygraph test; and any court, governmental agency, arbitrator, or mediator;
- an employing office may disclose information from the lie detector test at any time to a governmental agency, without a court order, where the information disclosed is an admission of criminal conduct; and,
- a polygraph examiner may disclose test charts, without identifying information, to other examiners for examination and analysis, under specific conditions.
