Wisconsin Lie Detector Tests laws & HR compliance analysis

Wisconsin Lie Detector Tests: What you need to know

Wisconsin has a strict law (WI Gen. Stat. Sec. 111.37et seq.) prohibiting employers from:
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• Requiring, requesting, suggesting, or causing employees and applicants to submit to lie detector tests as a condition of employment;
• Using, accepting, referring to, or inquiring about the results of a lie detector test of an employee or applicant; and
• Discharging, disciplining, discriminating against, denying employment or a promotion to, or threatening to take such action against an employee or applicant for refusing or failing to take a lie detector test, on the basis of the results of such a test, or for filing a complaint or testifying about such a test
The prohibition covers all forms of lie detector tests, including polygraph examinations, deceptographs, voice stress analyzers, psychological stress evaluations, or other similar devices. Violators of this law are guilty of a Class B misdemeanor.
Notices (Posting). The Department of Workforce Development has developed a poster outlining employee rights concerning lie detector tests. Each employer that administers lie detector tests must post the notice in an obvious place where the employer normally places notices.
Exemptions. An employer may request that an employee submit to a lie detector test if all of the following apply:
• The polygraph test is part of an ongoing investigation involving economic loss or injury to the employer's business, including theft, embezzlement, misappropriation, and unlawful industrial espionage or sabotage;
• The employee had access to the property that is the subject of the investigation;
• The employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and
• The employer ...

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