AntiPolygraph.org Message Board - Successful Legal Challenges?

Successful Legal Challenges?

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Matty New User Offline Posts: 18 Joined: Jul 7^th, 2005	Successful Legal Challenges? Jul 11^th, 2005 at 9:23pm	Mark & Quote Quote Print Post
	Given that it could be very easily argued that Pre-Employment Polygraph Screening is unreliable and in many cases a candidates pass or fail is in the hands of a possibly biased polygraph examiner, why haven't there been successful legal challenges when a candidate has been disqualified, even though that person may have no criminal record, neighbors & former employers would testify that candidate is a law abiding person who would make a great LEO? It seems that "Innocent until proven guilty" does not apply here and these unethecal polygraph examiners are getting away with ruining a good persons chance to pursue the career of their dreams. Unless I am missing something, it appears from everything I read here that this is allowed to happen and there is no recourse?? ???


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Brandon Hall Ex Member	Re: Successful Legal Challenges? Reply #1 - Jul 11^th, 2005 at 11:51pm	Mark & Quote Quote Print Post
	The quick answer is: waiver of claims by examinee against agency and examiner. This waiver must be signed prior to undergoing examination in the pre-employment setting. You are correct in your assumption that "innocent until proven guilty" does not apply. As this is not a court or legal proceeding (pre-employment) a person only has as many rights as the testing agency allows, unless they are somehow in violation of federal or state labor legislation. You are also correct that there is little, if any, recourse.


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Matty New User Offline Posts: 18 Joined: Jul 7^th, 2005	Re: Successful Legal Challenges? Reply #2 - Jul 12^th, 2005 at 12:10am	Mark & Quote Quote Print Post
	Talk about a rigged system! Basically they make you sign the waiver if you want to proceed in the proccess and by not doing so, you will be disqualified and by doing so you are saying that they can be totally unfair and screw you if they so choose and there is nothing you can do about it. This sounds more like Russia during Communisim, rather than America...


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Brandon Hall Ex Member	Re: Successful Legal Challenges? Reply #3 - Jul 12^th, 2005 at 12:20am	Mark & Quote Quote Print Post
	Matty wrote: Quote: Basically they make you sign the waiver if you want to proceed in the proccess and by not doing so, you will be disqualified and by doing so you are saying that they can be totally unfair and screw you if they so choose and there is nothing you can do about it. Yep.


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Matty New User Offline Posts: 18 Joined: Jul 7^th, 2005	Re: Successful Legal Challenges? Reply #4 - Jul 12^th, 2005 at 2:14am	Mark & Quote Quote Print Post
	Does anybody else want to weigh in on this? Do LEO candidates have any recourse from being accused of deception when that is not the case? Or is the opinion of the all mighty witch doctor the final word?


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polyfool Especially Senior User Offline Posts: 311 Joined: Feb 23^rd, 2005	Re: Successful Legal Challenges? Reply #6 - Jul 12^th, 2005 at 2:30am	Mark & Quote Quote Print Post
	The worst thing about it is the applicant doesn't even receive informed consent when signing the waiver. When I signed mine, I believed the polygraph to be nearly 100% accurate, so I thought I had nothing to lose. I also was not told how many applicants fail the polygraph until after I failed mine. The FBI ADMITS to 20%, but it's reportedly about 50%--not very good odds with which to gamble.


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spark New User Offline Posts: 18 Joined: Jul 14^th, 2005	Re: Successful Legal Challenges? Reply #8 - Jul 15^th, 2005 at 3:34am	Mark & Quote Quote Print Post
	Polyfool, where are you getting your stats from 20% but "reportedly" 50%?


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Jeffery Very Senior User Offline Posts: 174 Joined: Oct 27^th, 2004	Re: Successful Legal Challenges? Reply #10 - Jul 15^th, 2005 at 7:00am	Mark & Quote Quote Print Post
	polyfool wrote on Jul 15^th, 2005 at 4:57am: Spark: The 20% figure is straight from the mouth of an FBI polygraph examiner as well as another FBI employee. The "reportedly" 50% is from an article entitled "The FBI Seeks to Rebuild its Image," written by Chris Mondics of The Philadelphia Inquirer, Washington Bureau. Mondics reports that Roger Trott, Chief of the FBI's agent training unit says that half of FBI agent applicants who pass preliminary tests don't pass the polygraph. And that's half of those that pass the prelims. Imagine what the failure rate would be if the feds polygraphed EVERYBODY that applied.


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