Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
In Indiana, employers are generally not allowed to require employees to submit to a polygraph test as a condition of employment. According to Indiana’s Polygraph Testing Act, employers cannot “request or require” that applicants or current employees take a pre-employment or pre-promotion polygraph test in order to become employed or promoted. However, there are exceptions. Polygraph tests may be used in certain cases, such as when an employee’s suspected dishonesty or misconduct is found to be the cause of a loss or damage to the employer’s property. In addition, polygraph tests can also be used when employees hold certain authorized positions or have access to sensitive information or materials. It’s important to keep in mind that even in those specific cases, employers are still required to follow the prescribed procedures stated in the Polygraph Testing Act. If an employer is found to be in violation of the Act, the employee may be able to seek punitive damages, reinstatement, and compensation for any back pay and associated benefits. Overall, it’s best for both employers and employees to be aware of the state’s policies on polygraph testing. Knowing your rights can help ensure that you are not taken advantage of in the workplace.
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