Last week I underwent a CVSA exam for pre-employment at a local police department. I am 
currently in the application process with two other departments and also am a reserve officer on
another department. With these other departments, I completed a polygraph examination and
had no issues. With this latest department, I specifically asked the detective (before the CVSA exam) if there was anything on my application that would disqualify me from employment with their agency. He stated that none of the information I had given him was significant enough to disqualify me.
During the CVSA, I was recorded as 'deceptive' on 5 out of 13 questions.
According to this examination, I have done illegal drugs in the past three years, I have abused a family member or past relation to the point of physical injury, I have accepted bribes, I intentionally falsified my application and I have made sexual propositions to inmates or arrestee's. 
Clearly, I am very upset by these allegations and strongly expressed those feelings to the examiner. He then stated the department could not base a decision upon those results alone.
Five days after the examination I was notified that my interview had been cancelled based upon
the results of the CVSA exam.
My question is, according to section 801.4 (Prohibitions on lie detector use)of TITLE 29:
- Covered employers are prohibited from denying employment or promotion on the basis of the results of a test.
Since this is a police department and they are exempt from parts of this regulation, does this section apply to them? Is there any legal action I can take concerning this disqualification?

garhun01,

29 CFR 801.4 is a federal regulation on application of the Employee Polygraph Protection Act (29 USC 22). Regrettably, that law gives federal, state, and local governments a blanket exemption from its provisions. So the law does not apply to local police departments that disqualify applicants on the basis of such quackery as polygraphy and CVSA.

We are seeking passage of a Comprehensive Employee Polygraph Protection Act that would eliminate all the exemptions to 29 USC 22. I hope you'll consider working with us to find congressional sponsors for, and secure eventual passage of, this much needed legislation.