Utah Lie Detector Tests laws & HR compliance analysis

Utah Lie Detector Tests: What you need to know

Utah law (Utah Code Ann. Sec. 58-64-101 et seq.) regulates the use of “deception detection examinations” through the licensing of examiners. To obtain a license, an individual must meet certain education, character, training, and examination requirements. The law covers polygraph, voice stress analyzer, or any other device that records the examinee's cardiovascular patterns, respiratory patterns, galvanic skin response, or other physiologic characteristics of the examinee for the purpose of monitoring factors relating to whether the examinee is truthful or engaged in deception. It is a violation of state law, and grounds for license revocation, for an examiner to conduct any surreptitious examination, either outside the presence of the test subject or without the test subject's knowledge.
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An instrument used for deception detection must have a permanent recording produced by the instrument for objective analysis. A written interpretation by an examiner while conducting a deception detection examination does not satisfy the requirements of a permanent recording.
Utah also forbids an examiner to conduct a polygraph examination over the telephone or similar electronic device. In addition, Utah forbids an examiner to conduct a polygraph exam from outside Utah's state line on a subject within Utah's state lines.
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 ...

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