Jack Smith has just been hired by ABC Pharmaceutical Manufacturing Company. In a

Question

Jack Smith has just been hired by ABC Pharmaceutical Manufacturing Company. In addition to an initial drug test, Jack is being asked to take a polygraph test, as well. Jack wants the job, but is reluctant to take the polygraph test due to his personal history of past drug use. Can ABC Pharmaceutical require Jack to take the polygraph test? The Polygraph Protection Act of 1988 prevents the use of polygraph tests under most circumstances. Under what conditions are polygraph tests still allowable? What are the employee

Explanation / Answer

employee’s rights: An short, as an employer, you probably are. This legislation only affects commercial businesses. Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institution. In addition, there are exemptions in EPPA for some commercial businesses. These are: Businesses under contract with the Federal Government involving specified activities (e.g., counterintelligence work). Businesses whose primary purpose consists of providing armored car personnel, personnel involved in the design, or security personnel in facilities which have a significant impact on the health or safety of any state. Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal. Companies that manufacturer, distribute or dispense controlled substances. In general, businesses cannot request, suggest or require any job applicant to take a pre-employment polygraph examination. Businesses can request a current employee to take a polygraph examination or suggest to such a person that a polygraph examination be taken, only when specific conditions have been satisfied. However, the employer cannot require current employees to take and examination, and if an employee refuses a request or suggestion, the employer cannot discipline or discharge the employee based on the refusal to submit to the examination.

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