S.1904 - Polygraph Protection Act of 1987100th Congress (1987-1988)
|Sponsor:||Sen. Kennedy, Edward M. [D-MA] (Introduced 12/01/1987)|
|Committees:||Senate - Labor and Human Resources|
|Committee Reports:||S.Rept 100-284 Part 1|
|Latest Action:||03/03/1988 Indefinitely postponed by Senate by Voice Vote. (All Actions)|
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Summary: S.1904 — 100th Congress (1987-1988)All Bill Information (Except Text)
(Measure indefinitely postponed in Senate, H.R. 1212 passed in lieu)
Indefinitely postponed in Senate (03/03/1988)
Polygraph Protection Act of 1988 - Prohibits any employer from: (1) requiring or suggesting that an employee or prospective employee take a lie detector test; (2) using lie detector test results; or (3) taking employment action against an employee or prospective employee who refuses to take a lie detector test or institutes or testifies in a proceeding under or related to this Act.
Requires the Secretary of Labor (the Secretary) to prepare notices setting forth such prohibitions. Requires employers to post such notices.
Provides civil penalties for violations of this Act. Grants the Secretary authority to restrain violations of this Act.
Allows employees and prospective employees to bring civil actions against any employer who violates the provisions of this Act.
Exempts from coverage under this Act: (1) Federal, State, and local governments; (2) certain Federal contractors; (3) tests conducted pursuant to the performance of intelligence or counterintelligence functions, or Federal security clearances; (4) certain security personnel and other security services; and (5) nuclear power plant employees.
Provides a limited exemption under which an employer may request certain employees to submit to a polygraph test if the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer's business, including theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage. Specifies reporting requirements of the employer under such circumstances. Requires the employer to comply with applicable State and local laws and any negotiated collective bargaining agreement that limits or prohibits the use of lie detector tests on employees.
Declares that such limited exemption does not apply if an employee is discharged, dismissed, disciplined, or discriminated against in any manner on the basis of the results of one or more polygraph tests or the refusal to take a polygraph test, without additional supporting evidence.
Sets forth the rights of an examinee during a pretest phase, the actual testing phase, and the post-test phase.
Specifies the qualifications of an examiner and directs the Secretary to promulgate standards for such individuals.
Prohibits the disclosure of information obtained from a polygraph test, except as provided by this Act.
Permits employers, subject to specified provisions of this Act, to administer a scientifically valid test other than a lie detector test to a prospective employee to determine the extent to which such prospective employee has used certain listed controlled substances. Provides that such permission shall not supersede any provision of this Act or Federal or State law that prescribes standards for ensuring the accuracy of the testing process or the confidentiality of the test results.
Requires that such testing comply with any applicable collective bargaining agreement.
Expresses the sense of the Senate that the proposed loan to restructure Mexico's steel industry by the International Bank for Reconstruction and Development (World Bank) is not in the best interest of the United States or of Mexico's own economic revitalization, and that the World Bank should reject the proposed loan.