labor lawAdivision of labor law center

I am sure most people are familiar with lie detector tests. A lie detector in the state of Nevada is defined as polygraphs as well as voice stress analyzers and psychological stress evaluators. They can be electrical or mechanical, and they’re designed to determine the honesty or dishonesty of an individual.

Nationally, employees are protected by the 1988 Employee Polygraph Protection Act. This Act applies to most private employers. It prevents them from using lie detector tests for pre-employment screening or during the course of employment. It limits the employers’ use of the results and also disclosure of the results.

I noticed that in the state of Nevada, an employer may request that an employee or prospective employee take a polygraph examination as part of an investigation of wrongdoing, like theft or embezzlement, affecting the employer’s business if that wrongdoing appears to involve the employee.

The employer may also request a polygraph examination from prospective employees who would be employed to protect sensitive or valuable property or facilities.  The use of a polygraph examination is also permitted to employers in businesses that handle controlled substances.

However, the law states that an employer cannot take any adverse action against any employee or prospective employee based on the results of the lie detector test, or because of their refusal to take any lie detector test.

It is my understanding that employers who violate the law regarding lie detector tests will be subject to civil liability in court, and possibly stiff fines imposed by the Nevada Labor Commissioner.

A poster describing the limitation affecting the use of lie detector test is required to be placed in a prominent location at any place of business. This is just one of several labor law posters that are required to be posted.