Use of Lie Detectors in the Workplace Prohibited

The Crimes Code, at 18 Pa.C.S. §7321, prohibits the use of lie detector tests by most employers, as a condition of employment or continued employment. The law simply provides that "(A) A person is guilty of a misdemeanor of the second degree if he requires as a condition for employment or continuation of employment that an employee or other individual shall take a polygraph test or any form of a mechanical or electrical lie detector test; and "(B) The provisions of subsection (a) of this section shall not apply to employees or other individuals in the field of public law enforcement or who dispense or have access to narcotics or dangerous drugs."

The meaning and intent of the law appear to be self-evident, and in all of my time representing employees, I have yet to address or even hear of an instance when it was necessary to prosecute any employer for this offense.

 

 

 

 

 

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