So I recently took a polygraph for pre-emloyment at a law enforcement agency. During the pre-test phase the examiner went down a list of medical questions which I felt were intrusive and irrelevant.
I have a medical condition (diabetes) that I was not willing to share at this particular point of the process, having read that the medical exam comes at the end of the hiring process. So when he asked me about medical conditions I refused to answer, and he was shoecked. He said I had to answer, otherwise I could not take the test.
So I argued that "what do medical condtions have to do with this test?" TO my knowledge the test was to determine the "accuracy" of what I had put in the application, nothing more.
He insisted that I had to answer, and that I had to say whhatever medications, if any, I was taking. My reply was, "are you a doctor?"
So he says "I''l be back". He went and got the background investigator that had been assigned to me. I explaine my point, and he said that if I did not answer the medical questions they would not administer the test. And then, I would not be considered further for employment. So I decided to stick to my principles, and said "so I guess I will be on my way, and I will be talking to my attorney."
Naturally they have rescinded the conditional offer of employment, and that's fine, but I wonder about the legality of them asking about medical questions when this was NOT a medical exam. To my understanding this must be done only by a doctor.
So, was what they did legal? Should I in fact get an attorney? I know it's not a big deal about the diabetes, but it's a matter of principle. I was already angry at having to be subjected to the idiocy of the polygraph, but then for them to try to force me to give up confidential medical information for no cause, that was too much. Any thoughts?
Lou,
I'm not in a position to provide legal advice, but it seems to me that the department has violated the Americans With Disabilities Act (http://www.ada.gov/), and I think you should contact an attorney with experience in labor law in this regard.
The Los Angeles Police Department's Police Officer Applicant Polygraph Examination Waiver (http://antipolygraph.org/documents/lapd-polygraph-waiver.shtml) form, for example, explicitly precludes the line of questioning to which you were subjected:
QuoteThe Polygraph Examiner will administer the examination in accordance with the limitations imposed by the Americans with Disabilities Act. This Act prohibits the Polygraph Examiner from asking questions about medical and psychological conditions. Police Officer applicants are not required to disclose any of the aforementioned factors. Due to this prohibition, the Polygraph Examiner is prevented from being able to assess whether it would be recommended to undergo a polygraph examination.
QuoteNaturally they have rescinded the conditional offer of employment, and that's fine, but I wonder about the legality of them asking about medical questions when this was NOT a medical exam. To my understanding this must be done only by a doctor.
I think if you will check with the Equal Employment Opportunity Commission, you will find that once a prospective employer has tendered a "Conditional Offer of Employment",questions regarding Medical, Psychological or disability issues are no longer prohibited. This includes similar questions asked by a polygrapher. The EEOC has an 800 number and they respond to questions via email.
There is also a page devoted to ADA http://www.ada.gov/
Sancho Panza
bottom line no conditional offer no medical questions.. to make such an inquiry before the conditional offer violates the ADA
gary davis
Got it thanks, I am more clear on how this works. I have another polygraph coming up soon for another agency, and this one is before any conditional offer. It will be interesting to see if they will ask medical questions or not. I have to decide now what to do in that case.
On one hand, I would probably simply refuse to answer and quote the ADA as reason why they are not allowed to ask medical questions, although I can pretty much kiss the polygraph good bye, as I have no dount that the "examiner" will not take kindly to me "teaching" him the law, and he will surely fail me.
The second option is to answer every medical question in the negative, and when and if I get to the medical exam part (where I will be straightforward), if they see a discrepancy between what I answered in the polygraph and the medical I can just say that the polygraph was not entitled to ask any medical questions, so I just answered no to ignore them and move on, so my answers are invalid.
They could, I suppose, claim I lied in the polygraph and then disqualify me, but wouldn't I have the ADA as a defense?
So what should I do? Refuse to answer, or just ive negative answers to any medical questions?