Galan007 wrote on May 7
th, 2016 at 4:50am:
Okay, so I work for a state agency in AZ that falls under the 'exempt' tier of the EPPA. Recently someone pirated a movie online using my employer's internet. Right now my employer is in investigation-mode trying to find the guilty party(5 of us were working that day.) If no one fesses up, I have no doubt that they will try to administer polygraph tests for all 5 of us.
That said, can I still legally refuse to take the test even though my employer is 'exempt' from the EPPA? If so, can I be terminated by my employer solely for refusing?
Any help is VERY much appreciated!
You can legally refuse to take the polygraph, however, your refusal may (and likely will) have adverse employment consequences, up to and including termination.
I didn't find much Arizona legislation governing the polygraph interrogation of state employees. There are, however, provisions governing the polygraphing of law enforcement officers:
http://azleg.state.az.us/ars/38/01104.htm and probation officers:
http://azleg.state.az.us/ars/38/01134.htm Note the requirement that any polygraph examination be audio recorded, and a copy provided to the examinee. Should it come to that, I would be happy to review the recording for you and provide you with a critique.
I disagree with Arkhangelsk's statement that "A competent examiner would refuse to polygraph anyone who is being coerced." First, it should be noted that there is no such thing as a "competent" polygraph examiner.
They are all incompetent when it comes to the detection of deception. Moreover, any polygraph operator(s) interrogating you and/or your colleagues will no doubt be state employees who will do as instructed.
If I were in your shoes I would seek the advice of a local attorney with expertise in labor law and also consult a union representative, if you have one.