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Author
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Topic: EMPLOYEE REQUEST
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Poly761
Member
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posted 10-04-2006 01:26 PM
  
Received a call from a manager of a business requesting an exam to confirm to owner he has not been involved in wrongdoing of any type. Business owner is not aware of request and manager is seeking a way to assure the owner he is not a problem for the company.Your thoughts please. END..... IP: Logged |
Taylor
Member
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posted 10-04-2006 02:25 PM
I did an exam just like this 1-2 years ago. Then I sat through an APA class where TV presented info on EPPA. My understanding from that class was this would qualify as an EPPA exam regardless of who requested the poly. If TV doesn't pipe in, send him an e-mail or call him. Taylor IP: Logged |
Ted Todd
Member
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posted 10-04-2006 08:21 PM
There is nothing that prevents this man from going out and taking a private polygraph exam. Since the employer has no knowledge of this and IS NOT REQUESTING THE TEST, I don't see where EPPA would apply. I would however, appriciate the opinion of T.V. on this.Ted IP: Logged |
Taylor
Member
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posted 10-05-2006 10:24 AM
That is why I ran the exam. I didn't think EPPA applied. But afterwards during the EPPA presentation by TV I learned differently. I could be wrong.I also hope TV will visit this chat and clarify this issue. Taylor IP: Logged |
Taylor
Member
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posted 10-05-2006 10:30 AM
I just emailed TV and asked him to join this discussion and express his views. TaylorIP: Logged |
Poly761
Member
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posted 10-05-2006 11:41 AM
Thanks for the feedback. I would agree with Ted on this issue but not being positive and on firm ground didn't want to proceed. END..... IP: Logged |
Bob
Member
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posted 10-05-2006 12:04 PM
As Ted has said, and as I understood TV to say at APA, “there is nothing that prevents this man from going out and taking a private polygraph exam.” However, the manager cannot circumvent the law and show the polygraph report to the owner, as he clearly indicates he wishes to do. By presenting the report to the owner- it becomes an EPPA issue. It is a violation of EPPA for the owner to ‘use or accept’ the polygraph report. See Sec 801.4 (a) (2). Which in effect negates the 'purpose' and ‘need’ for the employee to expend his money for the test. [This message has been edited by Bob (edited 10-05-2006).] IP: Logged |
J.B. McCloughan
Administrator
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posted 10-05-2006 12:59 PM
29 USC2002.
SEC.3.PROHIBITIONS ON LIE DETECTOR USE.Except as provided in sections 7 and 8, it shall be unlawful for any
employer engaged in or affecting commerce or in the production of
goods for commerce—
(1) directly or indirectly, to require, request, suggest, or cause
any employee or prospective employee to take or submit to any
lie detector test;
(2) to use, accept, refer to, or inquire concerning the results of
any lie detector test of any employee or prospective employee;
(3) to discharge, discipline, discriminate against in any
manner, or deny employment or promotion to, or threaten to
take any such action against—
(A) any employee or prospective employee who refuses,
declines, or fails to take or submit to any lie detector test,
or
(B) any employee or prospective employee on the basis of
the results of any lie detector test or
(4) to discharge, discipline, discriminate against in any
manner, or deny employment or promotion to, or threaten to
take any such action against, any employee or prospective
employee because-
(A) such employee or prospective employee has filed any
complaint or instituted or caused to be instituted any
proceeding under or related to this Act,
(B) such employee or prospective employee has testified
or is about to testify in any such proceeding, or
(C) of the exercise by such employee or prospective employee,
on behalf of such employee or another person, of
any right afforded by this Act. 29USC2008.
SEC. 9. DISCLOSURE OF INFORMATION. (a) IN GENERAL.—A person, other than the examinee, may not
disclose information obtained during a polygraph test, except as
provided in this section.
(b) Permitted Disclosures.—A polygraph examiner may disclose
information acquired from a polygraph test only to—
(1) the examinee or any other person specifically designated
in writing by the examinee;
(2) the employer that requested the test; or
(3) any court, governmental agency, arbitrator, or mediator,
in accordance with due process of law, pursuant to an order
from a court of competent jurisdiction.
(c) DISCLOSURE BY EMPLOYER.—An employer (other than an employer
described in subsection (a), (b), or (c) of section 7) for whom a
polygraph test is conducted may disclose information from the test
only to-
(1) a person in accordance with subsection (b); or
(2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct.
IP: Logged |
Ted Todd
Member
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posted 10-27-2006 07:41 AM
Taylor,
Any word from the Master(TV)?Ted IP: Logged |
Taylor
Member
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posted 10-27-2006 08:57 AM
Within a couple of days of my email, I received an email from someone at APA saying he was presenting somewhere out of the country. I thought he would have responded by now. The man must be busy.IP: Logged |
jrwygant
Member
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posted 11-03-2006 09:37 PM
In the real world, sanctions under EPPA are against the employer based upon complaint by the employee. If this guy passes his polygraph and chooses to give a copy to his employer, it's highly unlikely that he is then going to file a complaint against the employer for using the report to reach a decision not to fire him. If he did make such a complaint, I doubt the Feds would find much time to do anything about it.IP: Logged | |
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