(a) Section 8(a) (2) of the Act provides that the security service
exemption in section 7(e) of the Act and Sec. 801.14 of this part and
the controlled substance exemption in section 7(f) of the Act and
Sec. 801.13 of this part shall not apply if an employer discharges,
disciplines, denies employment or promotion, or otherwise discriminates
in any manner against a current employee or prospective employee based
solely on the analysis of a polygraph test chart or the refusal to take
a polygraph test.
(b) Analysis of a polygraph test chart or refusal to take a
polygraph test may serve as one basis for adverse employment actions of
the type described in paragraph (a) of this section, provided that the
adverse action was also based on another bona fide reason, with
supporting evidence therefor. For example, traditional factors such as
prior employment experience, education, job performance, etc. may be
used as a basis for employment decisions. Employment decisions based on
admissions or statements made by an employee or prospective employee
before, during or following a polygraph examination may, likewise, serve
as a basis for such decisions.
(c) Analysis of a polygraph test chart or the refusal to take a
polygraph test may not serve as a basis for adverse employment action,
even with another legitimate basis for such action, unless the employer
observes all the requirements of section 7 (e) or (f) of the Act, as
appropriate, and section 8(b) of the Act, as described in Secs. 801.13,
801.14, 801.22, 801.23, 801.24, and 801.25 of this part.
