Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
In Kansas, employers are generally not allowed to require employees to submit to a polygraph test, also known as a lie detector test, as a condition of employment. This is because Kansas is one of only five states that have passed laws that limit an employer’s ability to require polygraph tests. These laws restrict employers from conducting polygraph tests unless the test is done for a very specific purpose, like investigating employee theft or verifying the accuracy of employee statements. However, even if an employer meets the legal requirements to conduct a polygraph test in Kansas, the employee still has the right to refuse the test. In addition, the employee cannot be disciplined, punished, or otherwise retaliated against for refusing a polygraph test. If an employee is subject to adverse action after refusing a polygraph test, they may be able to pursue a legal claim against the employer. Finally, employers should keep in mind that while polygraph tests are sometimes useful for certain investigative purposes, they are not infallible. Employers should never rely solely on polygraph test results when making important decisions about an employee’s employment status or performance.
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