Nebraska Lie Detector Tests laws & HR compliance analysis

Nebraska Lie Detector Tests: What you need to know

Under Nebraska law, it is illegal for employers to require employees or prospective employees to submit to a polygraph examination or voice stress analysis unless they are employed as law enforcement officials. A polygraph is defined as any mechanical or electronic instrument which uses attached sensors to record psychophysiological responses to determine truth or deception and records at least three physiological responses, such as respiratory, cardiovascular, or skin responses.
An employer may request that an employee or prospective employee take a lie detector test if:
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• No questions are asked about the test subject's religious affiliations, politics, marital relationships, sexual practices, or labor union affiliation.
• The test subject is advised orally and in writing that the test is voluntary and may be discontinued at any time and the subject signs a written statement to this effect.
• The questions asked prospective employees are job-related.
• The process of selecting prospective employees for testing is not discriminatory.
• In the case of employee testing, the examination is related to a specific investigation.
• The results are not the sole reason for a termination.
All questions asked during a lie detector test must be kept on file by the employer for 1 year. Nebraska courts consider the law prohibiting polygraph examinations a criminal law and will enforce it as such. Any violation of this law is considered a misdemeanor (NE Stats. Sec. 81-1932--81-1933).
Examiners must be licensed, which involves meeting age and character requirements, as well as passing an examination.
Under the federal Employee Polygraph Protection Act of 1988(29 USC 2001et seq.), most private employers ...

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