Alaska Lie Detector Tests laws & HR compliance analysis

Alaska Lie Detector Tests: What you need to know

Alaska law prohibits employers from requiring employees or applicants to submit to a polygraph examination or other lie detector test as a condition of employment. This law applies to all employers except the state or the state subdivision dealing with police officers. “Police officers" includes officers and employees of the state Department of Transportation and Public Facilities who are stationed at an international airport and have been designated to have the general police powers. A person who violates this section is guilty of a misdemeanor. A conviction is punishable by a fine of up to $1,000, imprisonment for up to 1 year, or both (AK Stat. Sec. 23.10.037).
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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 ongoing investigation involving economic loss or injury to the employer's business, such as theft, embezzlement, misappropriation, or industrial espionage or sabotage. However, such tests can be administered only to employees who are reasonably suspected of involvement, and they must have had access to ...

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