House Acts to Restrict Use of Lie Tests by Employers

The House, acting Wednesday to protect the privacy of non-government workers, endorsed a ban on the use of lie detectors in many factories and offices.

The legislation, sent to the Senate on a 236-173 vote, would make it illegal for most employers in the private sector to require workers or job applicants to take polygraph tests or suggest that they submit voluntarily to such exams. The measure would also prohibit private employers from firing or disciplining workers on the basis of lie detector tests they may have taken.

However, under the measure, federal, state and local government workers still may be required to undergo polygraph exams. The measure would also allow private contractors and other firms doing intelligence work for the CIA, FBI or National Security Agency to continue administering polygraph tests.

Before final action, the chamber approved amendments that would permit the use of lie detector tests for employees and prospective employees in a number of security jobs, ranging from protection of armored cars to nuclear power plants. In addition, the ban would not cover workers at electrical power generating facilities, nursing homes, day care centers and pharmaceutical plants with direct access to narcotics and other controlled substances.

Advocates of the measure called polygraph exams “degrading and humiliating” and said that they have been used increasingly to invade the privacy of workers. The District of Columbia and 31 states already have laws imposing restrictions on the use of polygraphs in the workplace.

Many employers believe that lie detector tests are their major protection against hiring dishonest workers, who are responsible for stealing an estimated $40 billion in goods from businesses every year. Private firms administer an estimated 2 million job-related tests annually, triple the number of a decade ago, according to congressional reports.

Rep. Pat Williams (D-Mont.), sponsor of the bill, said that the upsurge in tests has caused tens of thousands of job applicants to be refused employment because of faulty results. He estimated that the bill would cover about 80% of non-governmental jobs.

Not Usable in Courts

Another supporter of the measure, Rep. Richard Gephardt (D-Mo.), noted that most courts refuse to allow polygraph test results as evidence because they are considered unreliable. “It’s sadly ironic that criminals are protected from polygraphs while American workers are not,” he said.

But Rep. Steve Gunderson (R-Wis.) said it was illogical to view tests as proper for government workers but wrong for workers in the private sector.

Another opponent of the bill, Rep. Bob Livingston (R-La.), said that polygraph tests were vital to ensuring the integrity of workers in many sensitive industries. “If we pass this bill, we’re stripping away a very important tool,” he said. “These businesses need polygraphs to help them hire honest people.”

Applicants Screened Out

Richard Paterson, director of security for McKesson Corp., the world’s largest drug distributor, said that 25% of the company’s job applicants are screened out after taking lie detector tests. He said his company has been administering polygraph tests for 32 years.

Last year, President Reagan urged the use of lie detector tests for government employees dealing with national security material after the worst year of espionage in U.S. history. The federal government is using polygraphs on a limited, experimental basis authorized by Congress.