Oklahoma Lie Detector Tests laws & HR compliance analysis

Oklahoma Lie Detector Tests: What you need to know

The state Polygraph Examiners Act requires polygraph examiners to hold a state license. To obtain a license, an individual must meet certain character, education, training, and examination requirements. It is a violation of state law and grounds for license revocation for a polygraph examiner to fail to inform the test subject that the test is voluntary (except with regard to certain government employees) or to fail to advise the subject of the nature of the examination. The examiner is also required to disclose the test results to the tested individual on request (59 OK Stat. Sec. 1451et seq.).
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Penalties. Any person who violates the law is guilty of a misdemeanor and liable for fines ranging from $100 to $5,000, 6 months imprisonment, or both. A violator may also be liable to the Board of Polygraph Examiners for an additional $5,000 if there is a series of violations.
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, psychological stress evaluators, and similar devices (29 USC 2001). It is also illegal to use or inquire about a lie detector test conducted by someone else (29 USC 2002).
Subject to certain restrictions, any employer may legally request that an employee take a lie detector test as part of an ongoing investigation involving economic loss or injury to the employer's business, such as ...

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