Normal Topic Constitutionality of pre-employment polygraphs (Read 2452 times)
Paste Member Name in Quick Reply Box nopolycop
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Constitutionality of pre-employment polygraphs
Nov 7th, 2007 at 2:53am
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Has any court ruled on the constitionality of a pre-employment polygraph, where the arm of government relies upon the results of a polygraph exam to make an employment decision?

In looking at the poly litigation link on the website, I couldn't see any, and I have done some limited legal research, but haven't covered all 50 states, and the federal circuits.   

The legal argument would be that relying upon a test which is not verifyably accurate would be arbitrary and capricious, and violate an applicants 14th amendments rights to due process.

Please respond, of anyone knows of any precedent having been set in any court.

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Constitutionality of pre-employment polygraphs

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