[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.22]

[Page 779-780]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
       Subpart C_Restrictions on Polygraph Usage Under Exemptions
 
Sec. 801.22  Rights of examinee--general.

    (a) Pursuant to section 8(b) of the Act, the limited exemption in 
section 7(d) of the Act for ongoing investigations, and the security 
service and controlled substance exemptions in 7(e) and (f) of the Act 
(described in Sec. 801.12, 801.13, and 801.14 of this part) shall not 
apply unless all of the requirements set forth in this section and 
Sec. Sec. 801.23 through 801.25 of this part are met.
    (b) During all phases of the polygraph testing the person being 
examined has the following rights:
    (1) The examinee may terminate the test at any time.
    (2) The examinee may not be asked any questions in a degrading or 
unnecessarily intrusive manner.
    (3) The examinee may not be asked any questions dealing with:
    (i) Religious beliefs or affiliations;
    (ii) Beliefs or opinions regarding racial matters;
    (iii) Political beliefs or affiliations;
    (iv) Sexual preferences or behavior; or
    (v) Beliefs, affiliations, opinions, or lawful activities concerning 
unions or labor organizations.
    (4) The examinee may not be subjected to a test when there is 
sufficient written evidence by a physician that the examinee is 
suffering from any medical or psychological condition or undergoing any 
treatment that might cause abnormal responses during the actual testing 
phase. ``Sufficient written evidence'' shall constitute, at a minimum, a 
statement by a physician specifically describing the examinee's medical 
or psychological condition or treatment and the basis for the 
physician's opinion that the condition or treatment might result in such 
abnormal responses.
    (5) An employee or prospective employee who exercises the right to 
terminate the test, or who for medical reasons with sufficient 
supporting evidence is not administered the test, shall be subject to 
adverse employment action only on the same basis as one who refuses to 
take a polygraph test, as described in Sec. Sec. 801.20 and 801.21 of 
this part.
    (c) Any polygraph examination shall consist of one or more pretest 
phases, actual testing phases, and post-test

[[Page 780]]

phases, which must be conducted in accordance with the rights of 
examinees described in Sec. Sec. 801.23 through 801.25 of this part.