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/* Here is the full text of The Employee Protection Polygraph
Protection Act, part one. */
28 U.S.C. 2001
Section 2001. Definitions- As used in this Act:
(1) COMMERCE- The term "commerce" has the meaning provided by
section 3(b) of the Fair Labor Standards Act of 1938.
/* Virtually anyone in business will be involved in commerce.
This definition is contained in the full text of the Fair Labor
Standards (Minimum Wage) tutorial, together with comments. */
(2) EMPLOYER- The term "employer" includes any person acting
directly or indirectly in the interest of an employer in relation
to an employee or prospective employee.
(3) LIE DETECTOR- The term "lie detector" includes a
polygraph, a deceptoragraphy, voice stress analyzer, psychological
stress evaluator, or any other similar device (whether mechanical
or electrical) that is used, or the results of which are used,
for the purpose of rendering a diagnostic opinion regarding the
honesty or dishonesty of an individual.
(4) POLYGRAPH. The term "polygraph" means an instrument that-
-
(A) records continuously, visually, permanently, and
simultaneously changes in cardiovascular, respiratory, and
electrodermal patterns as minimum instrumentation standards; and
(B) is used, or the results of which are used, for the
purpose of rendering a diagnostic opinion regarding the honesty
or dishonesty of an individual.
(5) SECRETARY. The term "Secretary" means the Secretary of
Labor.
Section 2002. Prohibitions on lie detector use
/* This section states the general rule, that there is a
prohibition against use of lie detector tests as a pre-employment
requirement, or during employment. The exceptions follow in later
sections. */
Except as provided in sections 2006 and 2007, it shall be
unlawful for any employer engaging in or affecting interstate
commerce or in the production of goods for commerce--
(1) directly or indirectly, to require, suggest or cause any
employee or prospective employee to take or submit to any lie
detector test;
(2) to use, accept, refer to, or inquire concerning the
results of any lie detector test of any employee or prospective
employee;
(3) to discharge, discipline, discriminate against in any
manner, or deny employment or promotion to, or threaten to take
any such action against--
(A) any employee or prospective employee who refuses,
declines or fails to take or submit to any lie detector test, or
(4) to discharge, discipline, discriminate against in any
manner, or deny employment or promotion to, or threaten to take
any such action against any employee or prospective employee
because--
(A) such employee or prospective employee has filed any
complaint or instituted or caused to be instituted any proceeding
under or related to this Act,
(B) such employee or prospective employee has testified
or is about to testify in any such proceeding, or
(C) of the exercise by such employee or prospective
employee or another person, of any right afforded by this Act.
Section 2003. Notice of protection
The Secretary shall prepare, have printed, and distribute a
notice setting forth excerpts from, or summaries of, the
pertinent provisions of this Act. Each employer shall post and
maintain such notice in conspicuous places on its premises where
notices to employees and applicants to employment are customarily
posted.
Section 2004. Authority of the Secretary
(a) In General. The Secretary shall--
(1) issue such rules and regulation as may be necessary
or appropriate to carry out this Act;
(2) cooperate with regional, State, local, and other
agencies, and cooperate with and furnish technical assistance to
employers, labor organizations, and employment agencies to aid in
effectuating the purposes of this Act; and
(3) make investigations and inspections and require the
keeping of records necessary or appropriate for the
administration of this Act.
(b) Subpoena authority. For the purpose of any hearing or
investigation under this Act, the Secretary shall have the
authority contained in sections 9 and 10 of the Federal Trade
Commission Act.
Section 2205. Enforcement provisions
/* Should an employer fail to follow the act they may be fined by
the Department of Labor, or, more importantly an employee who was
adversely affected can sue the employer to gain back whatever it
was that they lost. */
(a) Civil Penalties
(1) In general. Subject to paragraph (2), any employer
who violates any provision of this Act may be assessed a civil
penalty of not more than $ 10,000.
(2) Determination of amount. In determining the amount
of any penalty under paragraph (1), the Secretary shall take into
account the previous record of the person in terms of compliance
with this Act and the gravity of the violation.
(3) Collection. Any civil penalty assessed under this
subsection shall be collected in the same manner as is required
by subsections (b) through (e) of section 503 of the Migrant and
Seasonal Agricultural Worker Protection Act with respect to civil
penalties assessed under subsection (a) of such section.
(b) Injunctive actions by the Secretary. The Secretary nay
bring an action under this section to restrain violations of this
Act. The Solicitor of Labor may appear for and represent the
Secretary in any litigation brought under this Act. In any action
brought under this section, the district courts of the United
States shall have jurisdiction, for cause shown, to issue
temporary or permanent restraining orders and injunctions to
require compliance with this Act, including such legal or
equitable relief as may be appropriate, including but not limited
to, employment, reinstatement, promotion, and the payment of lost
wages and benefits.
(c) Private civil actions.
(1) Liability. An employer who violates this Act shall
be liable to the employee or prospective employee affect by such
violation. Such employer shall be liable for such legal or
equitable relief as may be appropriate, including, but not
limited to, employment, reinstatement, promotion, and the payment
of lost wages and benefits.
/* The act provides in private civil enforcement cases that the
court can grant you (basically) what you lost. Note that the
Court can force an employer to take someone back. I'm not sure
that I would want to work for an employer who I had sued under
this Act. */
(2) Court. An action to recover the liability
prescribed in paragraph (1) may be maintained against the
employer in any Federal or State court of competent jurisdiction
by an employee or prospective employee for or on behalf of such
employee, prospective employee, and other employees or
prospective employees similarly situated. No such action may be
commenced more than 3 years after the date of the alleged
violation.
(3) Costs. The court, in its discretion, may allow the
prevailing party (other than the United States) reasonable costs,
including attorney's fees.
/* The winning party gets its attorney's fees. Normally
attorney's fees will not be assessed against the employee unless
the suit was in bad faith. */.
(d) Waiver of rights prohibited. The rights and procedures
provided by this Act may not be waived by contract or otherwise,
unless such waiver is part of a written settlement agreement
agreed to and signed by the parties to the pending action or
complaint under this Act.
Section 2006. Exemptions
/* The exemptions to the general rules of no polygraph testing
are contained in this section. The most important are: all
governments, certain government contractors and security
personnel.*/
(a) No application to governmental employers. This Act shall
not apply with respect to the United States Government, any State
or local government, or a