Page:United States Statutes at Large Volume 102 Part 1.djvu/689

 PUBLIC LAW 100-347—JUNE 27, 1988

102 STAT. 651

shall not apply if the results of an analysis of a polygraph test chart are used, 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, (b) RIGHTS OF EXAMINEE.—The exemptions provided under subsections (d), (e),: and (f) of section 7 shall not apply unless the requirements described in the following paragraphs are met: (1) ALL PHASES.—Throughout all phases of the test— (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, or needlessly intrude on, such examinee; (C) the examinee is not asked any question 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 phsise, the prospective examinee— (A) is provided with reasonable written notice of the 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 tests 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 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)(2)); and

Discrimination, prohibition.

Health and medical care.

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