advice..

[blind]

I work for a private company that distributes prescription drugs. Recent discrepencies in inventory are leading to a lot of talk about polygraphy getting involved. It seems that the polygraphy protection act does not cover my company because of this exemption;

To prospective employees of pharmaceutical and other firms authorized to manufacture, distribute, or dispense controlled substances who will have direct access to such controlled substances

I am innocent, but so was a good friend of mine who went to prison for 6 years after taking a lie-detector and failing. I am worried about this, and afraid of a false positive test.

Should I refuse to take the test? Should I employ countermeasures, like I read in the downloadable book? I'm petrified, as this would mean the end of my career!

[George W. Maschke]

Although Section 2006 (f) of the Employee Polygraph Protection Act includes an exemption for "drug security, drug theft, or drug diversion investigations," it appears that your employer would nonetheless be bound by the restrictions in Section 2007, which provides in relevant part: "In the case of an exemption described in subsection (e) or (f) of such section, the exemption shall not apply if the results of an analysis of a polygraph test chart are used, or the refusal to take a polygraph test is used, as the sole basis upon which an adverse employment action described in paragraph (1) is taken against an employee or prospective employee."

I think the best option for you (and your colleagues) is to refuse the polygraph. If your company takes any action against you for refusing the polygraph, it opens itself to a potential lawsuit that could cost it dearly. I suggest that you consult with an attorney with expertise in federal labor law. Martindale's Lawyer Locator service may be helpful in finding one near you:

http://www.martindale.com

[blind]

So 2007(a) overrules their exemption status? Thats fantastic! If I receive word of a formal polygraphy test, I will print out this information and take it to the company and an attorney, if necessary!

thankyou very much for your input! I am fw this website to all of my employees!

[George W. Maschke]

The restrictions in Section 2007 do not "overrule" the exemption given in Section 2006 to employers who distribute controlled substances, but they govern its application. The bottom line is, you cannot be punished simply for refusing the polygraph.

[blind]

understood! thankyou very much for taking the time to explain and clarify this for me.  

[Bill Crider]

I would get it in writing somehow that there is no evidence to implicate you whatsoever before you refuse the polygraph. Then, if it goes to court, you will be solidly protected according to the statutes that George mentions.

You are only protected if you can win in court.