Page:United States Statutes at Large Volume 102 Part 1.djvu/684

 102 STAT. 646

PUBLIC LAW 100-347—JUNE 27, 1988

Public Law 100-347 100th Congress An Act June 27, 1988 [H.R. 1212]

Employee

Polygraph Protection Act of 1988

29 USC 2001 note. 29 USC 2001.

To prevent the denial of employment opportunities by prohibiting the use of lie detectors by employers involved in or affecting interstate commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. SHORT TITLE.

This Act may be cited as the "Employee Polygraph Protection Act of 1988". SEC. 2. 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 (29 U.S.C. 203(b)). (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, deceptograph, 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. 29 USC 2002.

Discrimination, prohibition.

SEC. 3. PROHIBITIONS ON LIE DETECTOR USE.

Except as provided in sections 7 and 8, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce— (1) directly or indirectly, to require, request, 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—

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