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Content Last Revised: 3/4/91
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 801  

Application of the Employee Polygraph Protection Act of 1988

 

 

 

Subpart C  

Restrictions on Polygraph Usage Under Exemptions


29 CFR 801.25 - Rights of examinee--post-test phase.

  • Section Number: 801.25
  • Section Name: Rights of examinee--post-test phase.

    (a) The post-test phase refers to any questioning or other 
communication with the examinee following the use of the polygraph 
instrument, including review of the results of the test with the 
examinee. Before any adverse employment action, the employer must:
    (1) Further interview the examinee on the basis of the test results; 
and
    (2) Give to the examinee a written copy of any opinions or 
conclusions rendered in response to the test, as well as the questions 
asked during the test, with the corresponding charted responses. The 
term ``corresponding charted responses'' refers to copies of the entire 
examination charts recording the employee's physiological responses, and 
not just the examiner's written report which describes the examinee's 
responses to the questions as ``charted'' by the instrument.
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