(a) Section 8(a) (1) of the Act provides that the limited exemption
in section 7(d) of the Act and Sec. 801.12 of this part for ongoing
investigations shall not apply if an employer discharges, disciplines,
denies employment or promotion or otherwise discriminates in any manner
against a current employee based upon the analysis of a polygraph test
chart or the refusal to take a polygraph test, without additional
supporting evidence.
(b) ``Additional supporting evidence'', for purposes of section 8(a)
of the Act, includes, but is not limited to, the following:
(1)(i) Evidence indicating that the employee had access to the
missing or damaged property that is the subject of an ongoing
investigation; and
(ii) Evidence leading to the employer's reasonable suspicion that
the employee was involved in the incident or activity under
investigation; or
(2) Admissions or statements made by an employee before, during or
following a polygraph examination.
(c) Analysis of a polygraph test chart or refusal to take a
polygraph test may not serve as a basis for adverse employment action,
even with additional supporting evidence, unless the employer observes
all the requirements of sections 7(d) and 8(b) of the Act, as described
in Secs. 801.12, 801.22, 801.23, 801.24, and 801.25 of this part.
