Are employers allowed to require employees to submit to a polygraph test as a condition of employment?

In North Carolina, employers are not allowed to require employees to submit to a polygraph test as a condition of employment. North Carolina law states that no employer may require an employee or prospective employee to submit to a polygraph test, and any employer who does may be subject to criminal penalties. Employers are also prohibited from retaliating against any employee who refuses to submit to a polygraph test, or who files a complaint against an employer for requiring a polygraph test. Employers are also not allowed to use the results of a polygraph test to make employment decisions, such as hiring, promotion, discipline or termination. Additionally, employers are prohibited from requiring employees to disclose the results of a polygraph test. Any employee who is asked to disclose the results of a polygraph test should contact the North Carolina Department of Labor for assistance and advice. Employers may not require employees to submit to a polygraph test, but they may use other methods of employment screening, such as background checks or drug tests. Employers should also have clear policies in place that outline their expectations of employee conduct and performance. These policies should be reviewed with each new employee to ensure that all expectations are clear.

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