Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 29 - Labor |
Subtitle B - Regulations Relating to Labor |
Chapter V - Wage and Hour Division, Department of Labor |
SubChapter C - Other Laws |
Part 801 - Application of the Employee Polygraph Protection Act of 1988 |
Subpart C - Restrictions on Polygraph Usage Under Exemptions |
§ 801.25 - Rights of examinee - post-test phase.
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§ 801.25 Rights of examinee - post-test phase.
(a) The post-test phase refers to any questioning or other communication with the examinee following the use of the polygraph instrument, including review of the results of the test with the examinee. Before any adverse employment action, the employer must:
(1) Further interview the examinee on the basis of the test results; and
(2) Give to the examinee a written copy of any opinions or conclusions rendered in response to the test, as well as the questions asked during the test, with the corresponding charted responses. The term “corresponding charted responses” refers to copies of the entire examination charts recording the employee's physiological responses, and not just the examiner's written report which describes the examinee's responses to the questions as “charted” by the instrument.