Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
In Texas, employers are not allowed to require their employees to submit to a polygraph test as a condition of employment. This is due to the Polygraph Examinations Act, which was passed in 1988. According to this Act, employers can only ask their employees to take a polygraph test under limited circumstances. These include when the employee is being investigated for suspected theft, fraud, or any other crime that could cause financial loss to the employer. In addition, employers must also obtain the written consent of the employee before they can administer the test. Furthermore, recently enacted federal laws also prohibit employers from using polygraph tests against their employees. It is important to note that, even if an employer is allowed to ask his employee to take a polygraph test, the results of the test itself cannot be used as the sole basis for firing or disciplining the employee. The employer is still required to conduct a thorough investigation into the matter before taking any action. Overall, employers are not allowed to require their employees to submit to a polygraph test as a condition of employment in Texas. Even if they are allowed to administer the test, the results of the test itself cannot be used as the sole basis for discipline or termination.
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