Indiana Lie Detector Tests laws & HR compliance analysis

Indiana Lie Detector Tests: What you need to know

Lie detector tests provide employers with a tool that tests the honesty of a prospective employee. If an employer is a victim of theft by an employee, lie detector tests provide the employer with a tool that assists in the investigation of the theft. However, many states and the federal government have enacted laws that restrict or prohibit the use of lie detector tests. Many state courts have concluded that lie detector test results are inconsistent and, therefore, inadmissible as evidence in court. Indiana restricts the use of lie detector tests by employers through its regulation of polygraph examiners.
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Indiana law requires that polygraph examiners have a state license. To obtain a license, an individual must meet certain training, experience, competence, and examination requirements. If a person conducts a polygraph examination without a license, they have committed a class “C” infraction (IN Code Sec. 25-30-2-1).
In Indiana, lie detector tests are governed by the federal Employee Polygraph Protection Act of 1988. This law severely restricts the use of polygraph examinations in private employment. Indiana has not enacted legislation regarding lie detectors in the workplace, so the federal law must be followed.
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, ...

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