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Author Topic:   Law Enforcement Pre-Conditional Offer Questions
blalock
Member
posted 02-09-2009 03:03 PM     Click Here to See the Profile for blalock   Click Here to Email blalock     Edit/Delete Message
Keeping into consideration the Employee Polygraph Protection Act (EPPA), Equal Employment Opportunity Commission (EEOC), Americans with Disabilities Act (ADA), and other applicable bodies of law, which of the following questions, if any, should not be asked at the Pre-Conditional Offer stage for a law enforcement candidate, and why?

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RESULTS OF PRETEST INTERVIEW

Biographical Data
• date of birth of _____.
• his /her height as approximately _____ and his /her current weight as approximately _____ pounds.
• With regards to marital status, applicant stated that he /she is currently _____.
• ever being married to more than one person at the same time.
• being married previously.
• having any children.
• proficiency in any language other than English.
• a current email address of _____.
• phone number to be reached at is _____.
• any personal websites.
• any tattoos.
• known by any other names.
• ever taking a polygraph examination.
• ever running away from home as a minor.
• ever performing court-mandated community service.
• ever being on court-mandated probation.
• ever paying a fine for anything beyond a traffic-related infraction.

Education
• high school or GED.
• having any post-high school education.
• skipping school as a kid.
• expelled from elementary school, middle school, high school, or college.
• suspended from elementary school, middle school, high school, or college.

Tenancy
• current address is _____ .
• has resided in _____.
• being evicted.
• having any issues with previous landlords.

Mental Health
• ever being diagnosed with anxiety, depression, schizophrenia, bipolar disorder, manic depressive disorder, obsessive compulsive disorder, post traumatic stress disorder, or any other type of mood disorders.
• ever having any anxiety attacks.
• ever attempting to commit suicide.
• ever having any serious suicidal thoughts.
• ever being treated by a psychiatrist, psychologist, or any other mental health specialist.

Physical Health
• gets approximately _____ hours of sleep each day. Applicant stated that he /she had approximately _____ hours of sleep in the past 24 hours. Applicant stated that he /she was not too tired to take this polygraph examination.
• had the following meals today: . Applicant stated that he /she was not too hungry to concentrate.
• taking the following prescription or over the counter medications in the past 24 hours:
• using any illegal drugs in the past 24 hours.
• health today as _____.
• ever having surgery.
• ever being diagnosed with high or low blood pressure.
• ever being diagnosed with asthma.
• ever being diagnosed with an irregular heart beat, heart murmur, or mitral valve prolapse.
• being pregnant presently.
• having any cold or flu symptoms presently.
• being in any pain presently.
• having any recent seizures or head trauma.

Financial
• ever being foreclosed upon.
• ever filing for bankruptcy.
• ever receiving any civil judgments or being sued.
• ever having anything repossessed.
• currently being in debt to anyone.
• currently being behind in providing child support.
• currently being behind on any bills.
• having any debts that he /she refuses to pay.

Employment
• currently employed or unemployed.
• ever serving in the military.
• having any experience as a law enforcement or a corrections officer.
• ever applying with a law enforcement or a corrections agency.
• ever attending a law enforcement or corrections academy.
• ever being fired from any places of employment.
• ever being forced to resign from any places of employment.
• ever quitting any places of employment in order to avoid being fired.
• ever receiving any written reprimands at any places of employment.
• ever being suspended at any places of employment.
• ever being demoted for disciplinary reasons at any places of employment.
• ever being reassigned at work as a result of, or in lieu of, being disciplined.
• calling in sick to work in the past twelve months without legitimately being sick.
• ever quitting a place of employment without giving proper notice.
• withholding any places of employment where he /she has been employed since becoming an adult.
• having any professional license(s) suspended or revoked.
• having any intentions of leaving this job in the near future, if hired.

Use of Alcohol
• Current use of alcohol as _____.
• consumes on average approximately _____ alcoholic beverages per _____.
• has been intoxicated in the past five years to the point of being sick or hung over approximately _____ times, the last occasion being in approximately _____.
• ever consuming alcohol while at work without authorization (during work hours), including at lunch and while on breaks.
• ever becoming intoxicated while at work.
• ever coming to work while under the influence of alcohol.
• ever missing or being late to work due his /her consumption of alcohol.
• ever operating a motor vehicle while under the influence of alcohol undetected.
• drinking alcohol while under age.
• providing any alcohol to minors, since he /she became an adult.
• ever being cited for having an open container.

Illegal Drug Use
• ever using any illegal drugs.
• ever using any household or automotive products to get high.
• ever using any prescription or over-the-counter medications to get high.
• ever pretending to use a drug illegally.
• ever intentionally getting high at work.
• ever coming to work under the influence of any illegal drugs.
• ever using any drugs illegal while at work, including during lunch or breaks.
• ever driving under the influence of any illegal drugs.
• last around someone while they were using any illegal drugs in approximately _____.
• last offered an illegal drug in approximately _____.

Other Drug Activity
• currently knowing anyone specifically who sells drugs illegally.
• currently knowing anyone specifically who grows marijuana illegally.
• ever selling any illegal drugs.
• ever selling any prescription medications.
• ever transporting illegal drugs for profit.
• ever delivering any illegal drugs for someone else.
• ever bringing someone to buy or sell any illegal drugs.
• ever directing others in the purchase or sale of any illegal drugs.
• ever cultivating marijuana.
• ever manufacturing any illegal drugs.
• ever providing urine to someone else for use on a drug test.
• ever using someone else's urine, diluted urine, or synthetic urine in order to pass a drug test.
• ever using a masking agent before a drug test in order to disguise the applicant's use of an illegal drug.
• ever failing a drug test.
• ever forging a prescription in order to obtain medication.
• providing any tobacco products to minors, since he /she became an adult.

Arrests and Detentions
• ever being arrested, including being expunged, sealed, dropped, or as a minor.
• ever being detained.
• ever being fingerprinted for law enforcement reasons other than for employment.
• ever being read Miranda rights.

Driving History
• has held a driver’s license in _____.
• ever having a driver's license suspended.
• received _____ moving violations in the past FIVE years: _____.
• being involved in any AT-FAULT motor vehicle accidents in the past FIVE years.
• receiving any traffic warnings in the past 12 months.
• receiving any non-moving motor vehicle violations in the past 12 months.
• ever driving away from the scene of an accident, without reporting it.
• receiving any boat warnings or fines in the past 12 months.
• ever being involved in illegal street racing.

Associations
• currently associating with any family members, relatives, or friends that have been convicted of a felony.
• ever associating with gang members.
• ever associating with members of subversive groups.
• ever associating with members of organized crime.
• ever hanging out with people while they were committing any illegal acts beyond illegal drug use or under age drinking.
• ever visiting anyone in jail or prison.

Notices
• ever receiving any summonses or notices to appear.
• ever receiving a No Trespass warning.
• ever receiving a No Contact Order.
• ever being issued a Restraining Order or an Order of Protection filed by someone else.

Vandalism
• committing any vandalism.
• damaging anyone else's property in an act of mischief, beyond any previous admissions regarding vandalism.
• ever setting fire to anything in an act of mischief.
• ever exploding anything in an act of mischief.
• ever intentionally spreading a computer virus.

Theft
• ever breaking into a coin operated device in order to take merchandise or money.
• ever buying a stolen credit card or check.
• ever taking anything from a store without paying for it.
• ever changing price tags on items at a store.
• ever downloading or copying music, movies, or software illegally.
• ever stealing any car parts off of vehicles.
• ever stealing anything from a family member, relative, friend, or stranger.
• ever stealing anything from a place where he /she has either volunteered at or attended school.
• ever stealing money from a place of employment.
• ever stealing property or equipment from a place of employment.
• ever stealing merchandise from a place of employment.
• ever stealing supplies, food, or drinks from places of employment.
• ever intentionally not turning in equipment, tools, or uniforms back to work.
• ever keeping money from register overages.
• ever using a company gas card, credit card, or company funds to pay for personal items.
• ever giving someone an unauthorized discount or free items at work.
• ever knowingly buying, selling, or possessing stolen property.
• ever pawning any stolen items.
• ever stealing a car, truck, SUV, boat, plane, jet-ski, three-wheeler, or other vehicle.
• ever stealing anything from a yard or construction site.
• ever burglarizing a house, store, church, school, or any other buildings.
• ever burglarizing a car, truck, SUV, boat, plane, or any other vehicle.

Fraud & Deceit
• filling out or forging his /her LCSO employment reference forms.
• ever hacking into anyone else’s computer or email.
• ever attempting to bribe anyone.
• ever accepting a bribe.
• ever lying on an employment application.
• ever lying on a time card.
• ever signing someone else's name without their permission, as an adult.
• ever lying in order to receive public assistance, welfare, or unemployment.
• ever filing a false, or an exaggerated insurance claim.
• ever filing a false or exaggerated workman's compensation claim.
• ever fraudulently filing false income on tax returns.
• ever fraudulently claiming dependants on tax returns.
• ever using someone else's credit card, debit card, ATM, or gift card without their permission.
• ever cashing someone else's check without their permission.
• ever using someone else's name or SSN.
• ever using some else's social security card, birth certificate, passport, or other form of ID.
• ever writing a worthless (bounced) check.
• ever writing a check that he /she was certain would not be covered by sufficient funds.
• ever using a handicap placard illegally.
• ever calling in a false bomb threat, false fire threat, false criminal threat or false terror threat.
• ever forging or altering any documents.
• ever filing a false police report.
• ever distributing or producing counterfeit money.
• ever receiving electricity, water, cable, or satellite services without paying for it.
• ever impersonating a law enforcement officer.
• ever falsely accusing someone officially of anything.
• ever officially filing a false complaint.

Violence
• ever carrying a concealed weapon illegally, or without a permit.
• ever killing anyone, either accidentally or otherwise.
• ever committing domestic violence.
• ever being accused of domestic violence.
• intentionally ever setting animals on fire.
• ever intentionally killing an animal outside of hunting.
• being involved in any physical fights since high school.
• ever committing any hate crimes.
• ever being questioned by a family protective services, child protective services, Health and Human Services, Department of Social Services, or Department of Children and Family Services.
• ever stalking anyone.

Membership
• ever being a member of a gang.
• ever being a member of a subversive group.
• ever being a member of an organized crime organization.

Illegal Gambling
• ever being involved in illegal gambling.

Sex Crimes
• ever viewing pornography at work.
• ever urinating in public where his /her private sexual parts could be seen by others.
• providing any pornography to minors, since the he /she became an adult.
• ever paying for sex.
• ever being paid for sex.
• ever having sexual contact as an adult with anyone under age.
• ever sending, receiving, producing, storing, viewing, or being in possession of child pornography for sexual reasons.
• ever forcing someone to participate in a sexual act.
• ever committing an act of voyeurism.
• ever committing an act of exhibitionism.
• ever soliciting a minor for sex on the internet.

Overall
• ever committing any acts that he /she could have been arrested for, beyond those (if any) listed in this report.
• committing anything more serious than the acts (if any) listed in this report.
• ever being questioned by law enforcement as a suspect in an investigation beyond those items (if any) mentioned in this report.

------------------
Ben

blalockben@hotmail.com

[This message has been edited by blalock (edited 02-09-2009).]

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AD
Member
posted 02-09-2009 04:56 PM     Click Here to See the Profile for AD   Click Here to Email AD     Edit/Delete Message
Blalock,

Instead of answering each question, please review the two following links for important information. My recommendation is to give the conditional offer (can be either verbal or in writing), otherwise you are going to miss out on quite a bit of info.

Many HR departments are unfamiliar with what an examiner asks an applicant, and it is important that they know that a conditional offer should always come prior to the polygraph and background investigation.
www.ada.gov/copsq7a.htm
www.eeoc.gov/policy/docs/preemp.html

Alan

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blalock
Member
posted 02-09-2009 05:05 PM     Click Here to See the Profile for blalock   Click Here to Email blalock     Edit/Delete Message
Great resources, Alan! However, this is meant to spark a discussion, so feel free to comment on questions, specifically.

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Ben

blalockben@hotmail.com

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Poly761
Member
posted 02-09-2009 05:32 PM     Click Here to See the Profile for Poly761   Click Here to Email Poly761     Edit/Delete Message
blalock -

With regard to EPPA, Federal, state and local governments are excluded. With regard to EEOC and ADA, I haven't dealt with LE pre-employment for some time but I don't think there isn't too much you can't ask a LE applicant. Most, if not all, the questions you identified were asked in one form or another in a questionnaire(s) completed by an "Applicant." I believe as long as the question is reasonable and relevant to the position it can be asked. For LE, almost anything is relevant.

I don't understand why a "conditional offer" should be presented prior to a polygraph & background check?

When I began administereing LE pre-emp poly exams, they were done as the (last)step; after physical, medical and psych. Many were DQ'd during polygraph and considerable expense was then saved by starting with the polygraph.

END.....

[This message has been edited by Poly761 (edited 02-09-2009).]

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AD
Member
posted 02-09-2009 08:03 PM     Click Here to See the Profile for AD   Click Here to Email AD     Edit/Delete Message
Poly,

The reasons conditional offers are given to police applicants prior to the polygraph are in the links I posted above. At the "pre-offer" stage, an examiner may not ask an applicant:
1) Are you currently taking any medications?
2)How often/frequency of illegal drug use?
3) Have you ever been addicted to drugs or sought treatment for any addiction?

These are questions that may elicit information as to whether the applicant was a past drug addict, therefore a violation of ADA.

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Barry C
Member
posted 02-10-2009 03:36 PM     Click Here to See the Profile for Barry C   Click Here to Email Barry C     Edit/Delete Message
That's right. You can't ask questions that could lead to a disclosure of a disability. Essentially, what the ADA says is that you must give the person a conditional offer in order to ask such questions, and then you can only get rid of him for some newly disclosed info (or a medical condition that actually would prevent the person from doing the job AND for which you couldn't give the person some type of reasonable accommodation that would allow him to do the job). If you don't give a conditional offer and play by the rules, the ADA essentially says that they will presume a violation if you cut the person after the disclosure of a medical condition. If you learn info you could have learned in the background (without polygraph and the "bad" questions), the ADA isn't going to believe that is the real reason.

In other words, the ADA tells us that we have to tell the person that we want to and will hire him unless there's really no safe way we can do so or we learn of new info (like he lied in the process or failed to disclose something important).

Let's say you have a zero tolerance for marijuana, for example, but you never ask that until the polygraph. Assume the guy says he used marijuana once, and you find him truthful. Assume he also tells you he's got a hearing impairment in one ear that can be pretty much corrected with a hearing aid. If you can him at that stage for the marijuana admission, the ADA pretty much says that's a load of something stinky, and they go after you for discrimination because of the disability, because if you really cared, you'd have asked the drug question before you started asking about medical conditions.

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blalock
Member
posted 02-10-2009 03:50 PM     Click Here to See the Profile for blalock   Click Here to Email blalock     Edit/Delete Message
By the way, my agency does offer a pre-conditional offer before the exam, but this is an interesting topic for examiners.

So, as an examiner wanting to determine suitability for the examination, does the ADA frown upon asking questions about mental health disorders without a pre-conditional offer?

Does ADA limit the substances asked about to just illegal drugs, or does it also include alcohol?

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Ben

blalockben@hotmail.com

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AD
Member
posted 02-10-2009 08:02 PM     Click Here to See the Profile for AD   Click Here to Email AD     Edit/Delete Message
Blalock,

It's very difficult to determine the testing suitability w/o a conditional offer as questions regarding mental health issues and current medications can not be asked at the "pre-offer" stage. Regarding alcohol,

From ADA guidelines:

May an employer ask applicants about their drinking habits?

Yes, unless the particular question is likely to elicit information about alcoholism, which is a disability. An employer may ask an applicant whether s/he drinks alcohol, or whether s/he has been arrested for driving under the influence because these questions do not reveal whether someone has alcoholism. However, questions asking how much alcohol an applicant drinks or whether s/he has participated in an alcohol rehabilitation program are likely to elicit information about whether the applicant has alcoholism, thus an ADA violation.

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Ted Todd
Member
posted 02-16-2009 07:21 PM     Click Here to See the Profile for Ted Todd     Edit/Delete Message
When does the ADA violation occur? When the question is asked or the admission is made? If no admission is ever made, did asking the question violate ADA?

Where do we draw the line? IE:

"I steal every day because I am bi-polar".

"I see a prostitute frequently because I am addicted to sex".

"I beat my wife because I was abused as a child".

"I have set three houses on fire because I like to watch them burn".

Thoughts? (I'll bet I hear from Mr. Nelson on this one!) By the way, what happened to Stat?

Ted

[This message has been edited by Ted Todd (edited 02-16-2009).]

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ebvan
Member
posted 02-16-2009 08:10 PM     Click Here to See the Profile for ebvan   Click Here to Email ebvan     Edit/Delete Message
I think the violation only occurs when the hiring authority uses information gained in violation of ADA rules to make an employment decision.

The reason we seem to prefer polygraph "Post- Conditional Offer" is to avoid the presumption that if someone acting on the employer's behalf obtains any information in violation of ADA, then any subsequent employment decisions are at least in part based on the "tainted" information.

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Ex scientia veritas

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