Print This Page
E-mail This Page
 |
||
Code of Federal Regulations Pertaining to ESA |
| Labor |
|
| Wage and Hour Division, Department of Labor |
|
|
| Application of the Employee Polygraph Protection Act of 1988 |
|
|
|
| Administrative Proceedings |
29 CFR 801.75 - Certification of official record.
- Section Number: 801.75
- Section Name: Certification of official record.
Upon receipt of timely notice of appeal to a United States District
Court of a Decision and Order issued under this part, the Chief
Administrative Law Judge shall promptly certify and file with the
appropriate United States District Court, a full, true, and correct copy
of the entire record, including the transcript of proceedings.
Appendix A to Part 801--Notice to Examinee
Section 8(b) of the Employee Polygraph Protection Act, and
Department of Labor regulations (29 CFR 801.22, 801.23, 801.24, and
801.25) require that you be given the following information before
taking a polygraph examination:
1. (a) The polygraph examination area [does] [does not] contain a
two-way mirror, a camera, or other device through which you may be
observed.
(b) Another device, such as those used in conversation or recording,
[will] [will not] be used during the examination.
(c) Both you and the employer have the right, with the other's
knowledge, to record electronically the entire examination.
2. (a) You have the right to terminate the test at any time.
(b) You have the right, and will be given the opportunity, to review
all questions to be asked during the test.
(c) You may not be asked questions in a manner which degrades, or
needlessly intrudes.
(d) You may not be asked any questions concerning: Religious beliefs
or opinions; beliefs regarding racial matters; political beliefs or
affiliations; matters relating to sexual preference or behavior;
beliefs, affiliations, opinions, or lawful activities regarding unions
or labor organizations.
(e) The test may not be conducted if there is sufficient written
evidence by a physician that you are suffering from a medical or
psychological condition or undergoing treatment that might cause
abnormal responses during the examination.
(f) You have the right to consult with legal counsel or other
representative before each phase of the test, although the legal counsel
or other representative may be excluded from the room where the test is
administered during the actual testing phase.
3. (a) The test is not and cannot be required as a condition of
employment.
(b) The employer may not discharge, dismiss, discipline, deny
employment or promotion, or otherwise discriminate against you based on
the analysis of a polygraph test, or based on your refusal to take such
a test without additional evidence which would support such action.
(c)(1) In connection with an ongoing investigation, the additional
evidence required for an employer to take adverse action against you,
including termination, may be (A) evidence that you had access to the
property that is the subject of the investigation, together with (B) the
evidence supporting the employer's reasonable suspicion that you were
involved in the incident or activity under investigation.
(2) Any statement made by you before or during the test may serve as
additional supporting evidence for an adverse employment action, as
described in 3(b) above, and any admission of criminal conduct by you
may be transmitted to an appropriate government law enforcement agency.
4. (a) Information acquired from a polygraph test may be disclosed
by the examiner or by the employer only:
(1) To you or any other person specifically designated in writing by
you to receive such information;
(2) To the employer that requested the test;
(3) To a court, governmental agency, arbitrator, or mediator that
obtains a court order;
(4) To a U.S. Department of Labor official when specifically
designated in writing by you to receive such information.
(b) Information acquired from a polygraph test may be disclosed by
the employer to an appropriate governmental agency without a court order
where, and only insofar as, the information disclosed is an admission of
criminal conduct.
5. If any of your rights or protections under the law are violated,
you have the right to file a complaint with the Wage and Hour Division
of the U.S. Department of Labor, or to take action in court against the
employer. Employers who violate this law are liable to the affected
examinee, who may recover such legal or equitable relief as may be
appropriate, including, but not limited to, employment, reinstatement,
and promotion, payment of lost wages and benefits, and reasonable costs,
including attorney's fees. The Secretary of Labor may also bring action
to restrain violations of the Act, or may assess civil money penalties
against the employer.
6. Your rights under the Act may not be waived, either voluntarily
or involuntarily, by contract or otherwise, except as part of a written
settlement to a pending action or
complaint under the Act, and agreed to and signed by the parties.
I acknowledge that I have received a copy of the above notice, and
that it has been read to me.
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Signature)
[56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10, 1991]
|
||
