Illinois Lie Detector Tests laws & HR compliance analysis

Illinois Lie Detector Tests: What you need to know

Illinois regulates the conduct of lie detector tests largely through the licensing and regulation of examiners. The Illinois Detection of Deception Examiners Act regulates “detection of deception examiners” and examinations. The law defines a “detection of deception examination” as any examination in which a device or instrument is used to test or question individuals for the purpose of evaluating truthfulness. Only licensed examiners are allowed to administer an examination. To obtain a license, individuals must meet certain age, education, character, and examination qualifications (IL Comp. Stat. Ch. 225 Sec. 430/0.01et seq.).
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Under the law, examiners are prohibited from asking questions relating to religious beliefs or affiliations, racial opinions, political beliefs or affiliations, union activities, or sexual preferences or activities, unless the area is directly related to employment. The examiner must provide the results of an examination to the person examined within 5 days of receipt of a written request.
Exception for law enforcement officers. Voice stress analyzers may be used by fully trained full-time certified law enforcement officers of a law enforcement agency in the course of their duties as investigative aids in a criminal investigation.
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 ...

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