Alabama Lie Detector Tests laws & HR compliance analysis

Alabama Lie Detector Tests: What you need to know

Public employees. Alabama law forbids the use of lie detector tests as a condition for continued employment of a public employee (AL Code Sec. 36-1-8). Any violation of this law is considered a misdemeanor. Additionally, Alabama does not allow the results of a lie detector test to be introduced as evidence (AL Code Sec. 34-25-6).
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Alabama law requires that polygraph examiners meet certain criteria in order to administer the examination, including course work, training, moral character, and possession of a state license (AL Code Sec. 34-25-1 et seq.). It is a violation of state law, and grounds for license revocation, for a polygraph examiner to fail to inform the test subject:
• That the test is voluntary
• Of the nature of the examination
• Of the results of the test, if the test subject so requests
Any person who violates the law is guilty of a misdemeanor and liable for fines ranging from $100 to $1,000 or 6 months imprisonment, or both.
Under the federal Employee Polygraph Protection Act of 1988(29 USC 2001et seq.), most private employers are prohibited from requiring employees or prospective employees to submit to lie detector tests. The law defines a "lie detector" as any mechanical or electrical device that is used to render a diagnostic opinion about the honesty or dishonesty of an individual. The definition includes polygraphs, deceptographs, voice stress analyzers, psychological stress evaluators, and similar devices (29 USC 2001). It is also illegal to use or inquire about a lie detector test conducted by someone else (29 USC 2002).
Subject to certain restrictions, any employer may legally request that an employee take a lie detector test as part of an ...

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