Maine Lie Detector Tests laws & HR compliance analysis

Maine Lie Detector Tests: What you need to know

Preemployment screening. The state Polygraph Examiners Act prohibits employers from requiring, requesting, or suggesting that a job applicant submit to a polygraph examination as a condition of obtaining employment. The Act also prohibits employers from administering or causing the administration of a polygraph examination to an applicant, or using or referring to the results for hiring or employment purposes.
Current employees. Under the Act, no employer may require, request, or suggest that any employee submit to a polygraph examination as a condition of employment, or to administer or cause to be administered a test. The results of a polygraph test may not be used for employment purposes.
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Exceptions. The Act does not apply to employees of or applicants for employment with law enforcement agencies. In addition, the Act does not prohibit employees from voluntarily requesting a polygraph examination in connection with his or her employment. If the employee has requested a voluntary test, the employer may use or refer to the results, provided that:
• The results may not be used against the employee;
• The employee is provided with a copy of the results; and
• The exam is recorded, a witness of the employee's choice is present, or both, at the employee's request (ME Rev. Stat. Tit. 32 Sec. 7166).
The Act also regulates the licensing and conduct of polygraph examiners. Only licensed examiners are allowed to administer an examination. The law prohibits examiners from asking questions pertaining to sexual behavior or questions that could be construed as being sexually oriented, unless the examination is conducted in the course of either a criminal investigation by law enforcement officials ...

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