“Mr. Beaver, I am in upper management at a high-quality meat processing plant in the Midwest. Over the past several months we have experienced a significant loss of expensive sides of beef, but it has not been continuous, just time to time.
“I have an idea who is behind this theft. I believe it is a group of employees, but can’t say for sure. It is more than a feeling, more than a hunch, but I do not have real evidence of who is doing what,” “Jody” wrote.
“Our CEO wants to run all employees on a polygraph to be administered by a private investigator. Am I legally obligated to submit to the examination? What happens if I refuse? Can I be terminated? What has been your experience in your law practice with the polygraph? Do you believe that it accurately can detect who is telling the truth? Are some people more likely than others to fail the test?”
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Some Facts about Polygraph Examinations
The first polygraph dates from 1920, when a California-based policeman and physiologist, John A. Larson, developed an instrument to measure continuous changes in blood pressure, heart rate and respiration rate in order to aid in the detection of deception. The operative theory was that your body’s own reactions would reveal lying.
Until 1988, lie detectors were routinely used on employees and job applicants, and they still are for certain types of employment. Employers often asked employees and applicants questions about private matters — often having nothing to do with the actual job — and the lie detector would reach a conclusion as to their honesty. Even people who were truthful often appeared, to the machine, as deceptive.
Eventually the accuracy of polygraph tests came to be seriously doubted. The Federal Employee Polygraph Protection Act, passed in 1988, virtually outlawed using lie detectors in connection with employment. Under the act, it is illegal for private companies to:
- Require, request, suggest or cause any employee or job applicant to submit to a lie detector test;
- Use, accept, refer to or inquire about the results of any lie detector test conducted on an employee or job applicant, or;
- Dismiss, discipline, discriminate against or even threaten to take action against any employee or job applicant who refuses to take a lie detector test.
The law also prohibits employers from discriminating against or firing those who claim its protections. Government employees are generally not protected by this law, however civil service rules offer some protection.
When Lie Detector Tests May Be Used
The Employee Polygraph Protection Act permits polygraph tests with jobs in security and handling drugs or in investigating theft or other crimes committed by employees. Before an employee can be required to take the test, a 48-hour notice must be provided, which states that you are a suspect. A provable, reasonable suspicion that you were involved in the theft or other conduct triggering the investigation must be established.
It is important to note that an employee may refuse to take the test. Additionally, the act’s protections do not apply to employees of federal, state or local government, nor to certain jobs that handle sensitive work relating to national defense.
State laws often further restrict the ability of running an employee on the polygraph, so that is something important to look into.
Controversial at Best
Some years ago, the American Psychological Association issued this statement:
“The accuracy (i.e., validity) of polygraph testing has long been controversial. An underlying problem is theoretical: There is no evidence that any pattern of physiological reactions is unique to deception. An honest person may be nervous when answering truthfully and a dishonest person may be non-anxious. Also, there are few good studies that validate the ability of polygraph procedures to detect deception.”
Our Own Experience
Years ago, I taught part-time at California State University in Bakersfield and invited the D.A. Office’s polygrapher to demonstrate how the machine worked to the class. One member was selected. He was an “Army Brat,” having lived in several countries, and spoke Spanish, French and German. We heard him speak those languages.
Hooked up to the machine, he was asked if he spoke those languages, and replied affirmatively. The machine said “Deceptive!” On it went, he gave honest answers, yet the machine called him a liar.
“So, how do you explain this?” I asked the polygrapher.
“Some cultures (or families) where guilt is a strong influence in the raising of children can dramatically influence how someone will do on a polygraph, and I’ve seen this before,” he commented.
With that experience in mind, my advice to Jody would be to politely decline being tested on the polygraph. While innocent, that scent of suspicion could do him great harm.
-
Target Is the Worst S&P 500 Stock After Earnings. Here's WhyTarget stock is down big after the retailer missed expectations for its third quarter and slashed its full-year outlook. Here's what Wall Street is saying.
-
Tax Credit vs. Tax Deduction: What’s the Difference?Tax Breaks Your guide to tax deductions and credits, how the IRS treats them differently, and how they impact your tax bill.
-
For a More Secure Retirement, Build in Some 'Safe Money'To solidify your retirement plan, write it down, reduce your market risk and allocate more safe money into your plan for income.
-
Five Steps to a Mindfully Fearless CareerIf, like many women, you're struggling with imposter syndrome, try developing an athlete's winning mindset. It's as simple as facing one small fear every day.
-
Six Ways to Optimize Your Charitable Giving Before Year-EndAs 2024 winds down, right now is the time to look at how you plan to handle your charitable giving. The sooner you start, the more tax-efficient you can be.
-
How Preferred Stocks Can Boost Your Retirement PortfolioHigher yields, priority on dividend payments and the potential for capital appreciation are just three reasons to consider investing in preferred stocks.
-
Structured Settlement Annuity vs Lump-Sum Payout: Which Is Better?As the use of structured settlement annuities grows, it can be tough to decide whether to take the lump sum to invest or opt instead for guaranteed payments.
-
What to Do as Soon as Your Divorce Is FinalDon't delay — getting these tasks accomplished as soon as possible can help you avoid costly consequences.
-
Many Older Adults Lack Financial Security: What Can We Do?Poor financial literacy and a lack of foresight have led to this troubling reality. It's going to take tax policy changes, education and more to address it.
-
Winning Investment Strategy: Be the Tortoise AND the HareConsider treating investing like it's both a marathon and a sprint by taking advantage of the powers of time (the tortoise) and compounding (the hare).
