Preemployment and CVSA in Wisconsin

[nickatnight]

Im am set to have a preemployment exam in a few weeks and I am aware that the CVSA is going to be used.  I am from Wisconsin and looked in to our statutes about preemployment exams as well as the EPPA act.  According to EPPA, if I am reading it correctly, the states can govern what can be done in this area.  

However while reading the Wisconsin Statutes, 111.37, it gets a little tricky in how they wrote it...They define a lie detector "as a polygraph, deceptograph, voice stess analyzer, ....that is used to render a diagnostic opinion about the honesty or dishonesty of an individual." Obviously this includes the CVSA and the polygraph...


It then has a seperate definition for Polygraph - "an instrument that fulfills all of the following - records continuously, visually, permantly and simulataneously any changes in cardiovascular, respiratory, and electrodermal paterns as minimum instrumentation standards...."

If you are still with me I think everyone would agree that a polygraph is a lie detector however by definition of a polygraph a CVSA is not a polygraph.

111.37 5(4)bm then states "except as provided in sub (6) this section does not prohibit a Wisconsin law enforcement agency from administering a POLYGRAPH test, or from having a polygraph test administered, on a prospective employee.

It doesnt say that they can provide a lie detector test in general...it says polygraph which sounds as if they are excluding CVSA's....does anyone know of any case law etc...that has changed this...or am i simply just reading in to this too much and im stuck taking the CVSA test...

[J.B. McCloughan]

nickatnight,

I would confer that the below text would generally support your assumptions:

From: http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=84576&infobase=stats.nfo&j1=111.37&jump=111.37&softpage=Browse_Frame_Pg

111.37(1)(c)
(c) "Polygraph" means an instrument that fulfills all of the following requirements:

111.37(1)(c)1. 1. Records continuously, visually, permanently and simultaneously any changes in cardiovascular, respiratory and electrodermal patterns as minimum instrumentation standards.

111.37(1)(c)2.
2. Is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

111.37(5)(bm)
Except as provided in sub. (6), this section does not prohibit a Wisconsin law enforcement agency from administering a polygraph test, or from having a polygraph test administered, on a prospective employee.

However, in most states it is the Attorney General who is charged with ascertaining the intent of the Legislature on a given statue.  If this too is true in your state, I would suggest you start your inquiry here.  Another fruitful venture may be to bringing this inquisition to the national polygraph organizations, American Polygraph Association (APA) and American Association of Police Polygraphists (AAPP).