Summary: H.R.1536 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for H.R.1536. Bill summaries are authored by CRS.

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Introduced in House (03/10/1987)

Polygraph Reform Act of 1987 - Amends the Fair Labor Standards Act of 1938 (FLSA) to add a title relating to polygraph examinations. Prohibits, except under circumstances set out in this Act, an employer from: (1) requiring or suggesting that any present or prospective employee submit to a polygraph examination for any purpose; (2) using or referring to the results of a polygraph examination of any present or prospective employee for any purpose; (3) discharging, disciplining, or denying employment or promotion to any present or prospective employee who refuses to take a polygraph test; and (4) basing the discharge, discipline, or denial of employment or promotion solely on the analysis and opinions of a polygraph examiner authorized by this Act to conduct polygraph examinations.

Directs the Secretary of Labor (Secretary) to establish standards and qualifications for persons wishing to conduct polygraph examinations. Sets forth requirements that must be incorporated in such standards, including criteria relating to: (1) age and citizenship; (2) formal training and internship; (3) inquiries that may be pursued during a polygraph examination (prohibiting, for example, questions about religious, racial, or political beliefs and about sexual preferences); (4) notice to the examinee of legal rights and remedies; (5) the data recording instruments to be used during the examination; (6) limitations on the conclusions and opinions of the examiner; (7) recordkeeping; and (8) examiner bonding or professional liability insurance coverage.

Limits disclosure of information obtained during a polygraph examination.

Prohibits the waiver of rights and procedures provided by this Act.

Directs the Secretary to issue appropriate rules and regulations and to cooperate with regional, State, and local agencies and with employers and labor unions to carry out this title.

Empowers the Secretary to make investigations and to require recordkeeping in accordance with existing FLSA law.

Makes applicable to this title the enforcement powers, remedies, and procedures of existing FLSA law, including statutes governing the civil liability of violator employers and injunction proceedings. Provides that amounts owing to a person as a result of a violation of this Act shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of liability determination. Limits payment of liquidated damages to instances of willful violations.

Grants to the court jurisdiction to provide any appropriate legal or equitable relief, including judgments that: (1) compel employment, reinstatement, or promotion; or (2) enforce liability.

Directs the Secretary, before instituting an enforcement action, to attempt to eliminate the alleged offending practice and to effect voluntary compliance with this Act through informal conciliatory processes.

Creates a civil cause of action in any court of competent jurisdiction to any aggrieved person. Entitles a person to trial by jury in such actions. Terminates the right of any person to bring such an action on the commencement of an action by the Secretary to enforce such person's right. Prohibits the commencement of a civil action brought by an individual until 60 days after the filing of a charge alleging a violation. Sets forth time limitations applicable to the filing of such charges: (1) generally; and (2) in cases of violations in States having specified standards or an approved administrative plan regulating polygraph examinations.

Directs the Secretary, upon receiving such a charge, to notify specified persons and to seek to eliminate any alleged violation by informal means. Applies specified provisions of the Portal-to-Portal Act to actions under this title (provisions permitting an employer defense based on a good faith reliance on certain written administrative regulations, as well as statute of limitations provisions).

States that it is the express intent of the Congress to permit regulation of polygraph examinations in any manner consistent with this Act. Authorizes any State or local government wishing to develop and enforce standards for the use of polygraphs by employers to submit to the Secretary an administrative plan relating to such standards and containing information specified in this Act. Requires the Secretary to make a continual evaluation of each approved administrative plan and to withdraw approval of such plan upon the finding that it is not being administered in ways to assure substantial compliance with this Act's standards. Authorizes review by the U.S. Court of Appeals of the Secretary's decision to withdraw such a plan.

States that nothing in this Act shall be construed to be applicable to: (1) the U.S. Government, its agencies, or its agents; (2) any State governmental agency or its agent; or (3) any law enforcement agency or its agent.

Requires the Secretary to issue rules and regulations appropriate for carrying out this Act not later than 180 days after its enactment.