|
Author
|
Topic: Sexual harassment poly
|
ckieso
Member
|
posted 08-23-2011 04:29 PM
  
I had an attorney who represents a restaurant company call me and ask whether I would administer a polygraph examination on a manager of one of the restaurants that the company owns. The 55 year old manager is being accused of sexually harassing a 17 year old female who is employed at the restaurant. The manager has agreed verbally to the attorney and restaurant company that he would like to verify his truthfulness by submitting to a polygraph examination. According to the attorney, he and the restaurant company officials would like the manager to submit to the polygraph examination to assist them in making a decision as to whether or not to terminate the manager from his job. Apparently, the manager is well-liked and has been a good employee for more than 20 years. Question: Does this type of examination fall under the EPPA restrictions and laws? Any wisdom in this area of testing is much appreciated. Christian ------------------
"Truth Seekers"
IP: Logged |
Ted Todd
Member
|
posted 08-23-2011 07:39 PM
If you read EPPA, I think you will see that this would be a violation. There has been no loss, and no investigation. I am not an EPPA expert but I would not do this exam.
TV O'Malley is the MAN when it comes to this so you may want to contact him. He has always been a good contact for me.Ted IP: Logged |
rcgilford
Member
|
posted 08-24-2011 07:39 AM
§ 2002. Prohibitions on lie detector use
Except as provided in sections and 2007 of this title, 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 chapter,
(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 chapter.
IP: Logged |
ckieso
Member
|
posted 08-25-2011 07:25 PM
Thanks guys. My advice to the attorney when he had called me was to make sure they are in compliance with EPPA before they set anything up. I have not heard from him since. Thanks again for your input. ------------------
"Truth Seekers"
IP: Logged | |
Polygraph Place Bulletin Board
