Under the Michigan Polygraph Protection Act of 1981 (MI Comp. Laws Sec. 37.201et seq.), it is illegal for an employer to request or require an employee or job applicant to submit to a lie detector test as a condition of employment, promotion, or change in employment status. Additionally, an employer may not threaten to administer a lie detector test to an applicant or employee.
A polygraph examination is a psychological stress evaluator examination or any other procedure that involves the use of instrumentation or a mechanical device to detect deception, the verification of truthfulness, or the rendering of a diagnostic opinion of either of these.
An employer may not request that an employee sign a waiver relieving the employer of liability for violating this law. Also, an employer cannot refuse to hire an applicant because the applicant refuses or declines a polygraph test.
Voluntary exams. Michigan law, however, does permit the administration of lie detector tests to applicants or employees who request them. In such cases, the employer must furnish the employee with a copy of the polygraph law before the test is administered and must send the employee to a licensed examiner. Strict licensing standards require the examiner to:
• Advise subjects of their right to refuse to submit to a test, to stop the testing procedure at any time, or to refuse to answer any question.
• Inform subjects of the specific question areas to be explored.
• Stay away from inquiries of a political, religious, or sexual nature, as well as inquiries having to do with labor union activities.
• Give subjects a copy of any results, reports, or analysis.
The employer is not permitted to take any action against an employee on the basis of ...