[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: 29CFR801.75]

[Page 746-747]
 
                             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 F_Administrative Proceedings
 
Sec. 801.75  Certification of official record.

    Upon receipt of timely notice of appeal to a United States District 
Court of a Decision and Order issued under this part, the Chief 
Administrative Law Judge shall promptly certify and file with the 
appropriate United States District Court, a full, true, and correct copy 
of the entire record, including the transcript of proceedings.

               Appendix A to Part 801--Notice to Examinee

    Section 8(b) of the Employee Polygraph Protection Act, and 
Department of Labor regulations (29 CFR 801.22, 801.23, 801.24, and 
801.25) require that you be given the following information before 
taking a polygraph examination:
    1. (a) The polygraph examination area [does] [does not] contain a 
two-way mirror, a camera, or other device through which you may be 
observed.
    (b) Another device, such as those used in conversation or recording, 
[will] [will not] be used during the examination.
    (c) Both you and the employer have the right, with the other's 
knowledge, to record electronically the entire examination.
    2. (a) You have the right to terminate the test at any time.
    (b) You have the right, and will be given the opportunity, to review 
all questions to be asked during the test.
    (c) You may not be asked questions in a manner which degrades, or 
needlessly intrudes.
    (d) You may not be asked any questions concerning: Religious beliefs 
or opinions; beliefs regarding racial matters; political beliefs or 
affiliations; matters relating to sexual preference or behavior; 
beliefs, affiliations, opinions, or lawful activities regarding unions 
or labor organizations.
    (e) The test may not be conducted if there is sufficient written 
evidence by a physician that you are suffering from a medical or 
psychological condition or undergoing treatment that might cause 
abnormal responses during the examination.
    (f) You have the right to consult with legal counsel or other 
representative before each phase of the test, although the legal counsel 
or other representative may be excluded from the room where the test is 
administered during the actual testing phase.
    3. (a) The test is not and cannot be required as a condition of 
employment.
    (b) The employer may not discharge, dismiss, discipline, deny 
employment or promotion, or otherwise discriminate against you based on 
the analysis of a polygraph test, or based on your refusal to take such 
a test without additional evidence which would support such action.
    (c)(1) In connection with an ongoing investigation, the additional 
evidence required for an employer to take adverse action against you, 
including termination, may be (A) evidence that you had access to the 
property that is the subject of the investigation, together with (B) the 
evidence supporting the employer's reasonable suspicion that you were 
involved in the incident or activity under investigation.
    (2) Any statement made by you before or during the test may serve as 
additional supporting evidence for an adverse employment action, as 
described in 3(b) above, and any admission of criminal conduct by you 
may be transmitted to an appropriate government law enforcement agency.
    4. (a) Information acquired from a polygraph test may be disclosed 
by the examiner or by the employer only:
    (1) To you or any other person specifically designated in writing by 
you to receive such information;
    (2) To the employer that requested the test;
    (3) To a court, governmental agency, arbitrator, or mediator that 
obtains a court order;
    (4) To a U.S. Department of Labor official when specifically 
designated in writing by you to receive such information.
    (b) Information acquired from a polygraph test may be disclosed by 
the employer to an appropriate governmental agency without a court order 
where, and only insofar as, the information disclosed is an admission of 
criminal conduct.
    5. If any of your rights or protections under the law are violated, 
you have the right to file a complaint with the Wage and Hour Division 
of the U.S. Department of Labor, or to take action in court against the 
employer. Employers who violate this law are liable to the affected 
examinee, who may recover such legal or equitable relief as may be 
appropriate, including, but not limited to, employment, reinstatement, 
and promotion, payment of lost wages and benefits, and reasonable costs, 
including attorney's fees. The Secretary of Labor may also bring action 
to restrain violations of the Act, or may assess civil money penalties 
against the employer.
    6. Your rights under the Act may not be waived, either voluntarily 
or involuntarily, by contract or otherwise, except as part of a written 
settlement to a pending action or

[[Page 747]]

complaint under the Act, and agreed to and signed by the parties.
    I acknowledge that I have received a copy of the above notice, and 
that it has been read to me.

________________________________________________________________________

(Date)
________________________________________________________________________

(Signature)

[56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10, 1991]