We have already discussed when and on whom polygraph tests may be administered, but there are also some restrictions in place regarding the format of the testing. Before a detector test is administered, you must read employees and ask them to sign a statement that includes the following:
A list of topics that employers are not allowed to ask, which includes questions about sexual preference, racial issues, political affiliation, lawful labor activities and religious beliefs
An explanation of how the test works and how the test results can be used
A statement that employees have the right to refuse to take the test, and that employers cannot mandate polygraphs as a condition of hiring or continued employment
An explanation of the steps the employee should take if the provided test violated the laws governing how polygraphs can be used
In addition, a person taking a polygraph test has the right to stop the test at any time, and has the right to be asked questions that are not unnecessarily intrusive or otherwise degrading and abusive. The results of the test may only be provided to the employer, the employee, a court or government agency and/or a mediator or arbitrator.
