American Polygraph Association Model Policy

[George W. Maschke]

While I have often been critical of the American Polygraph Association (APA) over the years, I must congratulate it for the progressive stance it has taken in its new Model Policy for Law Enforcement Pre-Employment Screening Examinations. In defiance of law enforcement agencies across the country that disqualify applicants based on nothing more than failure to "pass" a pre-employment polygraph examination, the APA holds, at para. 3.12.1.3, "The decision to hire, or not to hire an applicant, should never be based solely on the results of the polygraph examination" (emphasis added).

The FBI, U.S. Secret Service, DEA, and countless other federal, state, and local law enforcement agencies that are currently in violation of this model policy should adopt it without delay.

Also significantly, the APA model policy advises at para. 3.12.5.1: "It is recommended that all pre-employment examinations be electronically recorded.  Audio/video is preferred, but audio-only is acceptable" (emphasis added).

The FBI, most notoriously, has a deliberate policy of not recording polygraph examinations to avoid creating an objective record of what transpires. There is no good faith explanation for such a policy, and I again congratulate the APA for its progressive position on this important policy question. For past discussion of the importance of recording (not only in pre-employment screening but in all interrogations as well), see Audio/Video Taping of Polygraph Examinations.

There remain points within the APA's model policy with which I would take serious issue, and which I may address at a later date, but for now, I say congratulations and thank you to the APA!

[retcopper]

George:

I posted before that I would sometimes resolve failed questions by other means and I was accused of being discriminatory etc. I did not work for a federal agency and I know other depts who did not automaticalay dq for failing the  polygraph.  I will admit that I had to argue like hell to get my point across at first but in the end I won out and used the polygraph with other means to evaluate  a candidate.

[DippityShurff]

George:

I posted before that I would sometimes resolve failed questions by other means and I was accused of being discriminatory etc. I did not work for a federal agency and I know other depts who did not automaticalay dq for failing the  polygraph.  I will admit that I had to argue like hell to get my point across at first but in the end I won out and used the polygraph with other means to evaluate  a candidate.

would it be fair to say that you have ultimately hired candidates who did bust the polygraph exam?

[Bill Crider]

Wow, now I am angry again. Even the APA finally sees the light but not the FBI. I would have welcomed them digging into my background when I bombed the drug questions.

[yankeedog]

The idea, policy or recommendation to not use the results of a polygraph examination as the "sole" reason to deny employment is certainly not new.  To suggest it is some kind of revelation, is either misleading, intellectually dishonest or based upon ignorance.  In fact, I have never known of any agency that has a written or verbal policy to deny employment for "solely" being deemed deceptive on a premployment polygraph test.  Agencies that I am familiar with have written policies similar to the APA.  I would like to see a written policy that does disqualify based "solely" on a deceptive pre-employment polygraph test.  Keep in mind, in almost all cases where there is a deceptive pre-employment polygraph test, there is something else that can be used as a disqualifier.  It may be minor, but a disqualifier nontheless.  Recording the process is, in my opinion, recommended.  I have had situations where an examinee has denied that they made reported disqualifying statements.  Once they listen to the tape, that's the end of that complaint.  And it also becomes a lifetime disqualifier!  

[Drew Richardson]

Yankeedog,

Without question, large numbers of people have been denied employment with the FBI due SOLELY to a polygraph result.  The common sense represented by the relevant stated position in the newly released "Model Policy" is undoubtedly not new, but its recent release in this format is most definitely a new tool for those who seek redress for past and present wrongs.

[G Scalabr]

I would like to see a written policy that does disqualify based "solely" on a deceptive pre-employment polygraph test.

Perhaps someone can post a link to an FBI form rejection letter with his name and address redacted. We may actually have one uploaded to the site already.

The letter unequivocally informs the recipient that he was denied employments because the results of the polygraph examination "were not within acceptable parameters."

The Secret Service also denies employment solely on polygraph results alone. The rejection letter they send, however, states only that they have "better qualified applicants."

Whether the above policies are written or unwritten, they exist. Moreover, they are quite common.

The APA is to be applauded for taking this position. If they had done so ten years ago, this Website might not exist right now.

It will be interesting to see what develops, because the FBI, Secret Service and many other agencies are now in a bad spot, legally and otherwise.

[Fair Chance]

Readers,

Short and to the point:  The FBI stops the application process strictly on the polygraph examination being judged "not acceptable parameters."  No ifs, ands, or buts.  Do not pass Go, do not collect $200.00.  In Monopoly, when you go to jail, those are the words used.  In the FBI, that is the price of buying a lottery ticket for employment.  No video or audio recordings allowed.

The APA has seperated themselved from the "professionals" in the FBI.  I can not wait to see the spin that will be put upon this new guideline.

Regards.

[George W. Maschke]

The idea, policy or recommendation to not use the results of a polygraph examination as the "sole" reason to deny employment is certainly not new.  To suggest it is some kind of revelation, is either misleading, intellectually dishonest or based upon ignorance.  In fact, I have never known of any agency that has a written or verbal policy to deny employment for "solely" being deemed deceptive on a premployment polygraph test.  Agencies that I am familiar with have written policies similar to the APA.  I would like to see a written policy that does disqualify based "solely" on a deceptive pre-employment polygraph test.

See the FBI Manual of Investigative Operations and Guidelines, Section 67-7.10, Polygraph Examinations of FBI Applicants. Under these written guidelines, the decision not to hire applicants is indeed made based upon polygraph results alone when the applicant "fails."

In 2001, the Los Angeles Police Department's hiring policy was amended to include the following language: "A candidate shall be considered for disqualification on the basis of the results of the polygraph examination if the candidate's polygraph examination results were...deceptive..."

Both of these written policies clearly fail to conform with the APA's model policy.

Keep in mind, in almost all cases where there is a deceptive pre-employment polygraph test, there is something else that can be used as a disqualifier.  It may be minor, but a disqualifier nontheless.

How can you possibly know this to be true? In the case of FBI applicants, for example, typically no background investigation has been conducted by the time the applicant is rejected based on polygraph results. And if non-polygraphic disqualifying information is known before the applicant in polygraphed, then there is no need to polygraph the applicant in the first place.

Agencies that wish to comply with the APA's model law enforcement pre-employment polygraph policy should be on guard against magnifying minor issues "to use as a disqualifier," as you put it, simply to mask rejections actually made based on uncorroborated polygraph results.

Recording the process is, in my opinion, recommended.  I have had situations where an examinee has denied that they made reported disqualifying statements.  Once they listen to the tape, that's the end of that complaint.  And it also becomes a lifetime disqualifier!

Indeed, recording protects both examiner and examinee alike from false allegations about what was said and done in the polygraph suite.

[Bill Crider]

Just to futher add to this point, When i won my appeal for an FBI re-test I had to go through the pre-processing, urine test and security interview all over again. No background check had ever been done of any kind. THe only basis for my DQ was the polygraph results in both cases. Had it been otherwise, I would not have been invited back for a re-test.

Nothing occured betwen the passing of the interview and the polygraph test.

[polyfool]

Wow, this is a surprising development. Even the APA is trying to distance itself from this insane practice. It will be interesting to see how the agencies respond. Of course, that response is probably years away....

Yankeedog,

Do a little research next time before opening your mouth and making yourself look stupid.

[yankeedog]

Polyfool -  Yes, I agree, you are.  

And, one should not obtain an arrest warrant based solely on the results of a deceptive specific issue polygraph examination.  Does it happen?  I'm sure it does, but it is a bad idea.

[DippityShurff]

Polyfool -  Yes, I agree, you are.  

And, one should not obtain an arrest warrant based solely on the results of a deceptive specific issue polygraph examination.  Does it happen?  I'm sure it does, but it is a bad idea.

I can't imagine any Judge anywhere issuing an arrest warrant based solely on polygraph results.  Ours don't, nor do I even know any that would.  And if they did, it would not survive even the most cursory suppression.  The one **possible** exception may be a stipulated polygraph, but I really can't even imagine that

Stay safe

[EosJupiter]

Dippityshurff,

There might be only one state that comes close to allowing direct polygraph evidence, and thats New Mexico, but even there its hard to get direct utilization of the polygraph results into the court room. But what I find will most interesting is how the FEDS are going to reconcile with the APA over this new policy change. As the FEDS see no need to answer to anyone, nor will they. I see the potential of an abyss opening up here. But I see this policy change as a selfdefense mechanism for the APA and polygraphers in general, as the biggest complaint with polygraph usage is in the employment arena. If this irritant is removed, then I bet that they will have less issues to deal with, or they might even believe we (ANTIPOLYGRAPH FOLKS), might settle down and be less of an irritant.  

Regards  ....

[DippityShurff]

Dippityshurff,

There might be only one state that comes close to allowing direct polygraph evidence, and thats New Mexico, but even there its hard to get direct utilization of the polygraph results into the court room. But what I find will most interesting is how the FEDS are going to reconcile with the APA over this new policy change. As the FEDS see no need to answer to anyone, nor will they. I see the potential of an abyss opening up here. But I see this policy change as a selfdefense mechanism for the APA and polygraphers in general, as the biggest complaint with polygraph usage is in the employment arena. If this irritant is removed, then I bet that they will have less issues to deal with, or they might even believe we (ANTIPOLYGRAPH FOLKS), might settle down and be less of an irritant.  

Regards  ....

I think you would see even the most vocal opponents here become less strident, because the only other purpose of the polygraph would be to catch criminals, which, hoodoo or not, it can sometimes be helpful.  I would reiterate what I have said in the past.  I know too many people who had nothing to hide be made out to be not acceptable by the polygraph.  I think even George thinks that guilty knowledge testing has a place, though I certainly can't speak for him.