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Nebraska Polygraph

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Is it legal to give a pre-employment polygraph test in Nebraska?

The rights to administer polygraph (lie detector) tests are governed by the federal Employee Polygraph Protection Act. This law covers many any type of mechanical or electrical device used to determine a person’s honesty or dishonesty, and prohibits most private employers from using polygraphs for pre-employment screening, or after the employee takes the job.

Because Nebraska has no separate law regarding employment and polygraphs, the federal law applies.

While private employers are prohibited from administering polygraphs, governments (federal, state and local) are legally permitted to do so.

Certain other industries and businesses are permitted to require polygraph tests. In particular, law enforcement agencies, any business dealing with homeland security and persons whose work is connected to national security can legally require applicants and employees to submit to a lie detector test. Also, security guard firms, alarm companies and armored car services may require workers to take a polygraph.

Private companies can require a polygraph if an employee is a reasonable suspect in theft or embezzlement that resulted in financial loss for that company.

The polygraph instrument is used to determine a person’s honesty or dishonesty by continuously recording certain physical changes. Cardiovascular, respiratory and electro dermal patterns are monitored visually, permanently and simultaneously for distinct differences as the employee answers a pre-determined set of questions.

Before testing, the worker should be notified in writing. Plus, each employee is completely within his or her rights to refuse a polygraph, to stop it during administration, and to restrict who can view the results. A company can not use the worker’s refusal against them in any aspects of employment.

For businesses that are legally permitted to use polygraph for employment, such as law enforcement and armored car companies, applicants must understand that refusing the lie detector test will remove them from consideration for that position.

The rights for employers and employees regarding polygraphs are detailed on the Employee Polygraph Protection Act poster, which are available from www.laborlawcenter.com. JH