New York Lie Detector Tests laws & HR compliance analysis

New York Lie Detector Tests: What you need to know

Under New York law, it is illegal for an employer to request, require, suggest, or knowingly permit any applicant or employee to submit to a psychological stress evaluator examination, and no employer may administer or utilize the results of such test within or without the state for any reason. The law applies to all private and public employers.
In addition, employers may not discharge, discipline, or discriminate against an employee for filing a complaint or testifying in a proceeding based on these laws.
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Also known as a “voice stress indicator,” a psychological stress evaluator is any mechanical device or instrument that is intended to detect the truth or falsity of a statement through the presence of fluctuations and stress indicators in the speaker's voice. This is the only “lie-detection” technique that is regulated under state law. In addition, no individual may administer or participate in the administration of a psychological stress evaluator examination within the state to any person seeking employment outside the state or for the purpose of continuing employment outside the state.
The first offense for violating this law is treated as a class B misdemeanor, and a second offense is treated as a class A misdemeanor. Employees are entitled to damages equal to double the value of back pay, benefits, and reinstatement if the employee was fired, disciplined, or discriminated against for refusing to take the test or filing a complaint (NY Labor Law Art. 20B Sec. 733 et seq.).
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 ...

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