/* We continue with the final sections of the Employee Polygraph

Protection Act. */

Section 2007. Restriction on use of exemptions

(a) Test as basis for adverse employment action.

(1) Under ongoing investigations exemption. Except as

provided under subsection (d) of section 2006(d) shall not apply

if an employee is discharged, disciplined, denied employment or

promotion, or otherwise discriminated against in any manner on

the basis of the analysis of a polygraph test chart or the

refusal to take a polygraph test, without additional supporting

evidence. The evidence required by such subsection may serve as

additional supporting evidence.

/* Sections (1) and (2) require something other than a polygraph

test to support an adverse decision. This is going to be a

litigation breeder as employees will state that employers did

not additional supporting evidence. */

(2) Under other exemptions. In the case of an exemption

described in subsection (e) or (f) of such section (2006(e) or

(f)) the exemption shall not apply if the results of an analysis

of a polygraph test chart 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.

/* The following sections state your rights when an employer

seeks to have an employee take a polygraph test. */

(b) Rights of examinee. The exemptions provided under

subsections (d), (e) and (f) of section 2006 (d)-(f) shall not

apply unless the requirements described in the following

paragraphs are met:

(1) All phases. Throughout all phases of the test--

/* Here are the rights specifically enumerated. */

(A) the examinee shall be permitted to terminate the

test at any time;

(B) the examinee is not asked questions in a manner

designed to degrade, to needlessly intrude on such examinee;

(C) the examinee is not asked any questions

concerning--

(i) religious beliefs or affiliations,

(ii) beliefs or opinions regarding racial matters,

(iii) political beliefs or affiliations,

(iv) any matter relating to sexual behavior; and

(v) beliefs, affiliations, opinions, or lawful

activities regarding unions or labor organizations; and

(D) the examiner does not conduct the test if there is

sufficient written evidence by a physician that the examinee is

suffering from a medical or psychological condition or undergoing

treatment that might cause abnormal responses during the actual

testing phase.

(2) Pretest phase. During the pretest phase, the prospective

examinee--

(A) is provided with reasonable written notice of e

date, time, and location of the test, and of such examinee's

right to obtain and consult with legal counsel or an employee

representative before each phase of the test;

(B) is informed in writing of the nature and

characteristics of the test and of the instruments involved;

(C) is informed, in writing--

(i) whether the testing area contains a two-way

mirror, a camera, or any other device through which the test can

be observed,

(ii) whether any other device, including any

device for recording or monitoring the test, will be used, or

(iii) that the employer or the examinee may (with

mutual knowledge) make a recording of the test;

(D) is read and signs a written notice informing such

examinee--

(i) that the examinee cannot be required to take

the test as a condition of employment,

(ii) that any statement made during the test may

constitute additional supporting evidence for the purposes of an

adverse employment action as described in subsection (a),

(iii) of the limitations imposed under this

section,

(iv) of the legal rights and remedies available to

the examinee if the polygraph test is not conducted in accordance

with this Act, and

(v) of the legal rights and remedies of the

employer under this Act (including the rights of the employer

under section 9(c); and

(E) is provided an opportunity to review all questions to be

asked during the test and is informed of the right to terminate

the test at any time.

(3) Actual testing phase. During the actual testing phase,

the examiner does not ask such examinee any questions relevant

during the test that was not presented in writing for review to

such examinee before the test.

/* After a test there are many requirements that an employer must

follow- and here they are-- */

(4) Post-test phase. Before any adverse employment action,

the employer shall--

(A) further interview the examinee on the basis of the

results of the test, and

(B) provide the examinee with--

(i) a written copy of any opinion or conclusion

rendered as a result of the test, and

(ii) a copy of the questions asked during the test

together with the corresponding charted responses.

(5) Maximum number and minimum duration of tests. The

examiner shall not conduct and complete more than five polygraph

tests on a calendar day on which the test is given, and shall not

conduct any such test for less than a 90-minute duration.

(c) Qualifications and requirements of examiners. The exemptions

provided under subsections (d), (e), and (f) of section 2006(d)-

(f) shall not apply unless the individual who conducts the

polygraph test satisfies the requirements under the following

paragraphs:

(1) Qualifications. The examiner--

(A) has a valid and current license granted by the

licensing and regulatory authorities in the State in which the

test is to be conducted, if so required by the State, and

(B) maintains a minimum of a $ 50,000 bond or

equivalent amount of professional liability coverage.

(2) Requirements. The examiner--

(A) renders any opinion or conclusion regarding

the test--

(i) in writing and solely on the basis of an

analysis of polygraph test charts,

(ii) that does not contain information other

than admission, information, case facts, and interpretation of e

charts relevant to the purpose and stated objectives of the test,

and

(iii) that does not contain any recommendation

concerning the employment of the examinee; and

(B) maintains all opinions, reports, charts, written

questions, lists, and other records relating to the test for a

minimum period of 3 years after administration of the test.

Section 2008. Disclosure of information

/* Polygraph test information cannot be disclosed except to

limited sets of individuals stated in this section. */

(a) In general. A person, other than the examinee, may not

disclose information obtained during a polygraph test except as

provided in this section.

(b) Permitted disclosures. A polygraph examiner may disclose

information acquired from a polygraph test only to--

(1) the examinee or any other person specifically

designated in writing by the examinee;

(2) the employer that requested the test; or

(3) any court, governmental agency, arbitrator, or

mediator in accordance with due process of law, pursuant to

an order from a court of competent jurisdiction.

(c) Disclosure by employer. An employer (other than an

employer described in subsection (a), (b) and (c) of Section

2006(a), (b) or (c) for whom a polygraph test is conducted may

disclose information from the test only to--

(1) a person in accordance with subsection (b); or

(2) a governmental agency, but only insofar as the

disclosed information is an admission of criminal conduct.

Section 2009. Effect on other law or regulations

/* If your union contract, or a local law is more restrictive,

it will apply. This act sets the minimum standards. */

Except as provided in subsection 2006 (a)-(c) this Act shall not

preempt any provision of State or local law or of any negotiated

collective bargaining agreement that prohibits lie detector tests

or is more restrictive with respect to lie detector tests than

any provision of this Act.