29 U.S.C. § 2002

Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
Section 2002 - Prohibitions on lie detector use

Except as provided in sections 2006 and 2007 of this title, 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-
(A) any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, or
(B) any employee or prospective employee on the basis of the results of any lie detector test; or
(4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because-
(A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter,
(B) such employee or prospective employee has testified or is about to testify in any such proceeding, or
(C) of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this chapter.

29 U.S.C. § 2002

Pub. L. 100-347, §3, June 27, 1988, 102 Stat. 646.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100-347 set out as a note under section 2001 of this title.

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.
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.