Wisconsin Honesty Testing Discrimination Attorneys

What is Honesty Testing?

The Wisconsin Fair Employment Act and the Employee Polygraph Protection Act (EPPA) prohibit requesting employees to submit to or administering lie detector tests and polygraphs.

Examples of lie detector tests include polygraphs, voice stress analyzers, and psychological stress evaluators, and any other mechanical or electronic test that is used to create an opinion about the honesty of an individual.

Legal Lie Detector & Polygraph Tests

There are, however, exceptions which allow employers to legally administer lie detector and polygraph tests:

• Written honesty tests
• When the honesty test is used in connection with an ongoing investigation involving economic loss or injury to the employer’s business if:
  • The individual has access to the property that is the subject of the investigation
  • The employer has reasonable suspicion that the individual was involved in the activity being investigated
  • The employer provides a written statement to the individual before the test which identifies the reason he or she is being tested and why the employer believes the individual was involved
• An employer performs certain security services, or manufactures, distributes, or dispenses controlled substances