POLYGRAPH
EXAMINATION REQUEST
Dear ____________________________,
Pursuant to
the Employee Polygraph Protection Act of 1988, I am hereby
requesting that
you submit to a polygraph (lie detector) examination.
PURPOSE OF EXAMINATION
An investigation is in progress regarding an economic
loss or injury suffered
by your employer. The specific incident under
investigation is
________________________________________________
_________________________________________________________________
________________________________________________________________.
You
had access to the property in question as follows:
_________
________________________________________________________________.
In
addition to mere access, your employer has a reasonable suspicion that you
were involved in the incident or activity under investigation for the
following reason(s):
_____________________
_________________________________________________________________
________________________________________________________________.
EXAMINATION SCHEDULE
Your polygraph examination has been scheduled on
________________
at ___________ .M. at the following
location:
________________
________________________________________________________________.
NATURE OF THE EXAMINATION
A polygraph instrument is a device which records
continuously, visually,
permanently, and simultaneously changes in your
cardiovascular, respiratory,
and electrodermal patterns. These
recordings are obtained by attaching
sensors to the body at the torso, arm
and fingers. The polygraph is used for
the purpose of rendering a
diagnostic opinion regarding the honesty or
dishonesty of an
individual. Test questions are designed by the examiner
during the
pre-test interview and are reviewed with you prior to the testing
phase. The polygraph recordings (charts) are later analyzed and an
opinion
is rendered based solely on these charts.
DISCLOSURE OF INFORMATION
The polygraph examiner may disclose information
acquired from your polygraph
test only to you, your employer or any court,
governmental agency,
arbitrator, or mediator, in accordance with due process
of law, pursuant to
an order from a court of competent jurisdiction.
Your employer may disclose
information from the test to a governmental
agency, but only insofar as the
disclosed information is an admission of
criminal conduct.
TEST RESULTS
The examiner will
transmit the test results to your employer following the
examination.
Prior to any adverse employment action by your employer, you
must be
provided with a written copy of any opinion or conclusion rendered as
a
result of the test, and with a copy of the questions asked during the test
along with the corresponding charted responses. Also, your employer
must
further interview you on the basis of the results of the test.
The results
of this polygraph examination may not serve as the basis for an
adverse
employment action without additional supporting evidence. Any
statements
made by you during the test, however, may constitute additional
supporting
evidence for the purposes of an adverse employment action.
MONITORING OF THE
EXAMINATION
Your polygraph examination may be observed or recorded. You
must be advised
if this is to take place. The below-indicated devices
or techniques will be
used during your examination. Place your
initials to the right of the mark
to indicate your consent to the use of
such device or technique.
Tape
recorder ( )
________________
Video
camera ( )
________________
One-way
mirror ( )
________________
Other
(specify)
_________________ ( )
________________
YOUR LEGAL RIGHTS
You have the
right to obtain and consult with legal counsel or an employee
representative
before the examination. You cannot be required to submit to
this
examination. Should you refuse to take the examination, such refusal
may not serve as the basis for an adverse employment action without
additional supporting evidence. Prior to the exam, you will be
provided with
a written list of intended test questions for your review and
approval. The
examiner may not ask you any question during the test
that was not presented
to you in writing for review before the test.
You are permitted to terminate
the test at any time. The examiner may
not ask you questions in a manner
designed to degrade or needlessly intrude
on you. The examiner may not ask
you questions concerning religious
beliefs or affiliations, political beliefs
or affiliations, beliefs or
opinions regarding racial matters, any matter
relating to sexual behavior,
and beliefs, affiliations, opinions or lawful
activities regarding unions or
labor organizations. You may not submit to
the polygraph examination
if there is sufficient written evidence by a
physician that you are
suffering from a medical or psychological condition or
undergoing treatment
that might cause abnormal responses during the actual
testing
phase.
REMEDIES FOR VIOLATION
Any employer who violates
any provision of the Employee Polygraph Protection
Act of 1988 may be
assessed a civil penalty of not more than $10,000 by the
Secretary of
Labor. Any employer who violates this Act shall also be civilly
liable
to the employee affected by such violation. Such employer shall be
liable for such legal or equitable relief as may be appropriate, including,
but not limited to, employment, reinstatement, promotion, payment of lost
wages and benefits, and reasonable costs, including attorney's fees.
Such an
action may be maintained against the employer in any Federal or
State court
of competent jurisdiction. No such action may be commenced
more than 3 years
after the date of the alleged
violation.
INSTRUCTIONS
Please return one copy
of this letter prior to the exam date, signed by you
where indicated,
acknowledging that you have read this document and
understand your rights
under the Act. If you are under 18 years of age, we
must first obtain
the consent of your parent or guardian. Your employer must
maintain a
copy of this document for at least 3
years.
Sincerely,
_______________________________________
Authorized Company
Representative
_____________________________
Title
_____________________________
Date
I, __________________________________________, have read the
foregoing
document regarding the provisions of the Employee Polygraph
Protection Act of
1988. I hereby agree to submit to such a polygraph
examination at the date,
time and place requested, and further acknowledge
and agree to all the
above-listed terms, conditions, limitations and
requirements.
______________________________________
Signature of person to be examined