New Jersey Lie Detector Tests laws & HR compliance analysis

New Jersey Lie Detector Tests: What you need to know

New Jersey has a strict law (NJ Rev. Stat. Sec. 2C:40A-1) prohibiting employers from influencing, requesting, or requiring their employees or prospective employees to submit to a lie detector test as a condition of employment. Violators of this law commit a disorderly persons offense.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
The only exception to the general prohibition applies to employers that manufacture, distribute, or dispense controlled dangerous substances pursuant to the New Jersey Controlled Dangerous Substances Act (NJ Rev. Stat. Sec. 24:21-1et seq.). Employers covered by the Act must show that the employee or prospective employee to be tested:
• Is or will be directly involved in the manufacture, distribution, or dispensing of, or will have access to, legally distributed controlled dangerous substances; and
• That the test will be limited to the work of the employee or prospective employee and the individual's improper handling, use, or illegal sale of legally distributed controlled dangerous substances.
Other limitations placed on the employer's right to administer a lie detector test include:
• The lie detector test may not cover a period of time greater that 5 years preceding the date of the test.
• Any employee or prospective employee who is required to take a lie detector test as a precondition of employment or continued employment has the right to be represented by legal counsel.
• A copy of the report containing the results of a lie detector test must be in writing and be provided, on request, to the individual who has taken the test.
• Information obtained from the test may not be released to any other employer or person.
• The employee or prospective employee must be informed of his or her right to ...

Read more about Lie Detector Tests