Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
In North Dakota, employers are not legally allowed to require employees to submit to a polygraph test as a condition of employment. While polygraph testing is occasionally used by some North Dakota employers, it is not mandatory. North Dakota state law forbids employers from administering a polygraph test, or any other lie detector test as a condition of hiring, evaluating other conditions of employment, or denying employment. However, a North Dakota employer can request that an employee take a polygraph test if there is a good faith concern regarding theft of company property, or work-related misconduct. If an employee is requested to take a polygraph test, the employer must inform the employee of the reason they are being tested. The employer must also inform the employee that they have the right to refuse to take it. Employers must observe certain restrictions when administering polygraph tests. Even if an employee has agreed to take the test, the employer is still required to provide the employee with written information about the test in advance. The employer must also ensure that the polygraph is administered in an objective and non-threatening manner, and that the results are kept confidential. In summary, while employers in North Dakota are not allowed to require employees to submit to polygraph tests as a condition of employment, there are certain exceptions. If an employee agrees to take a polygraph test, the employer must follow all applicable regulations to ensure a fair and objective testing process.
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