[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.20]

[Page 734-735]
 
                             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. 801.20  Adverse employment action under ongoing investigation 
exemption.


    (a) Section 8(a) (1) of the Act provides that the limited exemption 
in section 7(d) of the Act and Sec. 801.12 of this part for ongoing 
investigations shall not apply if an employer discharges, disciplines, 
denies employment or promotion or otherwise discriminates in any manner 
against a current employee based upon the analysis of a polygraph test 
chart or the refusal to take a polygraph test, without additional 
supporting evidence.
    (b) ``Additional supporting evidence'', for purposes of section 8(a) 
of the Act, includes, but is not limited to, the following:
    (1)(i) Evidence indicating that the employee had access to the 
missing or damaged property that is the subject of an ongoing 
investigation; and
    (ii) Evidence leading to the employer's reasonable suspicion that 
the employee was involved in the incident or activity under 
investigation; or

[[Page 735]]

    (2) Admissions or statements made by an employee before, during or 
following a polygraph examination.
    (c) Analysis of a polygraph test chart or refusal to take a 
polygraph test may not serve as a basis for adverse employment action, 
even with additional supporting evidence, unless the employer observes 
all the requirements of sections 7(d) and 8(b) of the Act, as described 
in Sec. Sec. 801.12, 801.22, 801.23, 801.24, and 801.25 of this part.