(a) Pursuant to section 8(b) of the Act, the limited exemption in
section 7(d) of the Act for ongoing investigations, and the security
service and controlled substance exemptions in 7(e) and (f) of the Act
(described in Sec. 801.12, 801.13, and 801.14 of this part) shall not
apply unless all of the requirements set forth in this section and
Secs. 801.23 through 801.25 of this part are met.
(b) During all phases of the polygraph testing the person being
examined has the following rights:
(1) The examinee may terminate the test at any time.
(2) The examinee may not be asked any questions in a degrading or
unnecessarily intrusive manner.
(3) The examinee may not be asked any questions dealing with:
(i) Religious beliefs or affiliations;
(ii) Beliefs or opinions regarding racial matters;
(iii) Political beliefs or affiliations;
(iv) Sexual preferences or behavior; or
(v) Beliefs, affiliations, opinions, or lawful activities concerning
unions or labor organizations.
(4) The examinee may not be subjected to a test when there is
sufficient written evidence by a physician that the examinee is
suffering from any medical or psychological condition or undergoing any
treatment that might cause abnormal responses during the actual testing
phase. ``Sufficient written evidence'' shall constitute, at a minimum, a
statement by a physician specifically describing the examinee's medical
or psychological condition or treatment and the basis for the
physician's opinion that the condition or treatment might result in such
abnormal responses.
(5) An employee or prospective employee who exercises the right to
terminate the test, or who for medical reasons with sufficient
supporting evidence is not administered the test, shall be subject to
adverse employment action only on the same basis as one who refuses to
take a polygraph test, as described in Secs. 801.20 and 801.21 of this
part.
(c) Any polygraph examination shall consist of one or more pretest
phases, actual testing phases, and post-test
phases, which must be conducted in accordance with the rights of
examinees described in Secs. 801.23 through 801.25 of this part.
