There are many types of tests you can ask applicants to take that aren't related to their ability or skill. These include:
Some businesses must test applicants. For example, drug testing is a condition of employment for many people engaged in the transportation industry.
Warning |
don't even consider any of these tests unless you are required to do so, or truly believe the information is so essential to the hiring decision that it is worth the time, expense, and potential liability. If you must conduct this type of screening, consult with an attorney before you proceed. |
Nevertheless, if you find that this type of testing is required by law or necessitated by the nature of your business, here are some issues to consider.
Polygraph tests. Lie detector tests are among the most controversial, and regulated, forms of testing. Reserve this type of testing for jobs where:
To see what your state's law on lie detector testing is, consult this map.
Drug tests. There are many issues surrounding drug testing. you'll need to follow procedures designed to ensure privacy and accuracy, and many states require notice of the existence of a testing policy. You should keep in mind that, unless there is a legal or overriding business reason to test, the safest and cheapest course for an employer is not to test at all.
However, drug testing can help you avoid hiring alcohol or drug abusers, and it can help protect you from negligent hiring claims arising from an employee’s conduct. And, it may be required if your employees will be operating vehicles.
If you're subject to the ADA, only test people to whom you've extended a conditional job offer. This type of testing requires those being tested to reveal what prescription drugs they take, and someone may accuse you of using the test to discriminate against those with medical conditions.
State regulations regarding drug and alcohol testing frequently impose notice requirements, so if you conduct tests, say so on the job application form. Beyond that, the type of regulation varies widely.
Some states seem to encourage testing by tying an employer’s right to test with maintenance of an employee assistance program, or by providing preferential treatment regarding workers’ compensation premiums. Other states seem more interested in protecting the privacy rights of individual employees. These states limit the circumstances under which testing can be performed, while other states insist on procedural safeguards that preserve the dignity and privacy rights of the employees or applicants who might be subjected to testing.
Again, you should consult an attorney before embarking on a program of drug or alcohol testing. If you have to test, be sure to get each applicant's written consent prior to testing. If drug testing is necessary for applicants, it's probable that you'll have to continue testing over the course of employment. Thus, it's wise to have a written policy clearly explaining what employees should expect.
Medical exams. A medical exam is any test that seeks information concerning the existence, nature, or severity of an individual's physical or mental impairment, or information regarding an individual's physical or psychological health. The purpose of asking job applicants to take a medical examination is to screen out those candidates who would not be able to properly perform their jobs for medical reasons. Medical testing is generally prohibited prior to making a conditional offer of employment.
Don't get involved with medical testing unless you're certain that medical testing will provide information needed to make an employment decision. That shouldn't often be the case. Asking for such information merely provides fertile grounds for invasion of privacy suits and disability-based discrimination actions.
Here again, as in the case of drug testing, the specific and complex requirements of the ADA suggest that you proceed with extra caution. Check with your legal advisor before requiring medical tests as part of the hiring process.
Select a state from the map below to get information on that state's laws regulating an employer's use of lie detector tests: |
Use of Lie Detector Tests in Alaska choose another state |
No private employer in Alaska may request or suggest to an employee or to an applicant for employment or require as a condition of employment that the employee or applicant submit to an examination in which a polygraph or other lie detecting device is used. |
Use of Lie Detector Tests in Alabama choose another state |
Alabama's polygraph testing law applies only to state employment. An individual cannot be required to submit to or take a polygraph or similar test as a condition of continued employment with the state of Alabama. |
Use of Lie Detector Tests in Arkansas choose another state |
Arkansas has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Arizona choose another state |
Arizona has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in California choose another state |
No employer in California may demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. No employer may ask a person to take a polygraph test, or administer such a test, without first advising the person in writing, at the time the test is to be administered, of the rights guaranteed by law. |
Use of Lie Detector Tests in Colorado choose another state |
Colorado has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Connecticut choose another state |
No employer in Connecticut, including the state or any political subdivision thereof, may request or require any prospective employee or any employee to take a polygraph examination as a condition of obtaining employment or of continuing employment with such employer or dismiss or discipline an employee any manner for failing, refusing or declining to take a polygraph examination. |
Use of Lie Detector Tests in District of Columbia choose another state |
No employer or prospective employer in the District of Columbia may administer, accept or use the results of any lie detector test in connection with the employment, application or consideration of an individual, or have administered, inside the District of Columbia, any lie detector test to any employee or, in or during any hiring procedure, to any person whose employment, as contemplated at the time of administration of the test, would take place in whole or in part in the District of Columbia. For purposes of this law, employer means anyone who employs any natural person and who does business in the District of Columbia, but does not include any agency or authority of the federal government. |
Use of Lie Detector Tests in Delaware choose another state |
No employer in Delaware, including the state and its political subdivisions, may require, request or suggest that any employee or prospective employee take, or cause, directly or indirectly, any employee or prospective employee to take, a polygraph, lie detector or similar test or examination as a condition of employment or continuation of employment. |
Use of Lie Detector Tests in Florida choose another state |
Florida has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Georgia choose another state |
Georgia has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Hawaii choose another state |
It is unlawful for any employer in Hawaii to:
For purposes of this law, employer includes any individual, partnership, association, corporation, business trust, legal representative, receiver, trustee, or successor of any of the same, or any organized group of persons, acting directly or indirectly in the interest of any employer in relation to an employee. |
Use of Lie Detector Tests in Iowa choose another state |
Employers in Iowa may not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, knowingly do any of the following:
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Use of Lie Detector Tests in Idaho choose another state |
No employer in Idaho may require as a condition of employment or continuation of employment that any person or employee take a polygraph test or any form of lie detector test. |
Use of Lie Detector Tests in Illinois choose another state |
No lie detector examiner may inquire into any of the following areas during preemployment or periodic employment examinations, unless the area is directly related to employment:
The use of a voice stress analyzer is prohibited in preemployment screenings. |
Use of Lie Detector Tests in Indiana choose another state |
Indiana has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Kansas choose another state |
Kansas has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Kentucky choose another state |
Kentucky has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Louisiana choose another state |
Louisiana has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Massachusetts choose another state |
It is unlawful for any employer in Massachusetts, with respect to any of its employees or prospective employees including any person applying for employment as a police officer to subject such person to, or request such person to take, a lie detector test, or to discharge, not hire, demote or otherwise discriminate against such person for the assertion of rights arising under this law. This prohibition shall not apply to lie detector tests administered by law enforcement agencies as otherwise permitted in criminal investigations. All applications for employment within the commonwealth are to contain the following notice that must be in clearly legible print: It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability. |
Use of Lie Detector Tests in Maryland choose another state |
An employer in Maryland may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a lie detector or similar test. For purposes of this law, an employer is (1) a person engaged in a business, industry, profession, trade or other enterprise in the state; (2) the state; (3) a county; and (4) a municipal corporation in the state, but not the federal government or any of its units. |
Use of Lie Detector Tests in Maine choose another state |
No Maine employer may, directly or indirectly, require, request or suggest that any applicant for employment submit to a polygraph examination as a condition of obtaining employment, or administer or cause to be administered to an applicant any such examination, or use or refer to the results of such an examination for hiring purposes. In addition, no employer may, directly or indirectly, require, request or suggest that any employee submit to a polygraph examination as a condition of employment, or administer or cause to be administered to any employee any such examination, or use or refer to the results of such an examination for employment purposes. |
Use of Lie Detector Tests in Michigan choose another state |
Except as otherwise provided, a private or public employer in Michigan may not as a condition of employment, promotion or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:
Employees may voluntarily request to take a test; if the employer agrees, numerous rules apply. For purposes of this law, employer means a person who employs one or more persons or who accepts applications for employment, including an agent of an employer. |
Use of Lie Detector Tests in Minnesota choose another state |
No Minnesota employer may directly or indirectly solicit or require a polygraph, voice stress analysis or any test purporting to test the honesty of any employee or prospective employee. Further, no person may sell to or interpret for an employer a test that the person knows has been solicited or required by an employer to test the honesty of an employee or prospective employee. |
Use of Lie Detector Tests in Missouri choose another state |
Missouri has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Mississippi choose another state |
Mississippi has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Montana choose another state |
No employer in Montana may require, as a condition for employment or continuation of employment, any person to take a polygraph test or any form of mechanical lie detector test. |
Use of Lie Detector Tests in North Carolina choose another state |
North Carolina has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in North Dakota choose another state |
North Dakota has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Nebraska choose another state |
No employer or prospective employer in Nebraska may require, as a condition of employment or as a condition for continued employment, that a person submit to a truth and deception examination unless such employment involves public law enforcement. An employer may ask an employee or applicant to submit to a truth and deception examination if the examinee is given written and oral notice that the examination is voluntary and that the examinee may discontinue the examination at any time. |
Use of Lie Detector Tests in New Hampshire choose another state |
New Hampshire has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in New Jersey choose another state |
New Jersey's polygraph testing law covers employers other than those involved in manufacturing, distributing, dispensing or otherwise handling controlled substances. No covered New Jersey employer may influence, request or require that an employee or prospective employee to take a lie detector test as a condition of employment or continued employment. |
Use of Lie Detector Tests in New Mexico choose another state |
New Mexico has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Nevada choose another state |
Except as otherwise provided, it is unlawful for any private employer in Nevada to:
For purposes of this law, employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. There are exceptions to the restrictions on polygraph exams for employers that manufacture, distribute, or dispense controlled substances; for employees involved in ongoing investigations of theft, embezzlement, property damage etc.; or for security personnel. |
Use of Lie Detector Tests in New York choose another state |
No employer may require that an employee or job applicant submit to a psychological stress evaluator examination and no employer or other person may administer such a test or utilize the result of such a test within or outside the state of New York for any reason. For purposes of this law, employer means any individual person, corporation, department, board, bureau, agency, commission, division, office, council or committee of the state government, public benefit corporation, public authority or political subdivision of the state, or other business entity that employs or seeks to employ an individual. All provisions of the polygraph testing law pertaining to employers apply to their agents and representatives. |
Use of Lie Detector Tests in Ohio choose another state |
Ohio has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Oklahoma choose another state |
Oklahoma has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Oregon choose another state |
No Oregon employer may require, as a condition for employment or continuation of employment, that any person or employee take a polygraph test or any other form of a lie detector test. It is an unlawful employment practice for any employer to subject, directly or indirectly, any employee or prospective employee to any polygraph examination or psychological stress test. Exceptions. A polygraph examination may be administered to an individual if the individual consents to the examination, during the course of criminal or civil judicial proceedings in which the individual is a party or witness, or during the course of a criminal investigation conducted by a law enforcement agency, a district attorney or the Attorney General. |
Use of Lie Detector Tests in Pennsylvania choose another state |
Pennsylvania employers may not require as a condition of employment or continuation of employment that an employee or other individual take a polygraph test or any form of mechanical or electrical lie detector test. |
Use of Lie Detector Tests in Puerto Rico choose another state |
No information available. |
Use of Lie Detector Tests in Rhode Island choose another state |
No Rhode Island employer may either orally or in writing request, require or subject any employee to any lie detector test as a condition of employment or continued employment. It is not a valid defense that a lie detector test was administered outside the state of Rhode Island for the purpose of employment within the state of Rhode Island. |
Use of Lie Detector Tests in South Carolina choose another state |
South Carolina has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in South Dakota choose another state |
South Dakota has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Tennessee choose another state |
No employer in Tennessee may take any personnel action based solely upon the results of a polygraph examination. It is unlawful for a polygraph examiner to inquire into any of the following areas during an employment-related polygraph examination, unless the examination is administered as a result of an investigation of illegal activity in the subject area and the inability to pose relevant questions in relation to the illegal activity would be detrimental to the investigation: religious beliefs or affiliations; beliefs or opinions regarding racial matters; political beliefs or affiliations; beliefs affiliations or lawful activities regarding unions or labor organizations; sexual preferences or activities; any disabilities covered by the Americans with Disabilities Act; or activities that occurred more than five years before the examination, except for felony convictions and violations of the state drug control act. In order to protect the rights of the employee in administering polygraph tests, minimum procedures must be followed. Each prospective examinee must be shown a list of the questions to be asked on an official form and a list of the areas that the examination will cover. Also, the questions must be reviewed with the examinee before the examination. |
Use of Lie Detector Tests in Texas choose another state |
Texas' polygraph testing law applies only to municipal fire fighters, peace officers and Department of Criminal Justice employees. |
Use of Lie Detector Tests in Utah choose another state |
Utah has no law regulating the use of lie detector tests by employers. |
Use of Lie Detector Tests in Virginia choose another state |
No employer in Virginia may, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the individual's sexual activities, unless the sexual activity of the individual has resulted in a conviction for violation of a state law. Any written record of the results of a polygraph test given by an employer to a prospective employee must be destroyed or maintained in a confidential file and may only be disclosed with the consent of the person who was tested. Law enforcement agencies and regional jails are prohibited from requiring employees to submit to lie detector tests and the refusal or failure of an employee to be tested may not be the basis for discharge, demotion or other employment discrimination. Law enforcement and jail employees may be required to take a lie detector test in the course of internal investigations involving allegations of misconduct or criminal activity. |
Use of Lie Detector Tests in Virgin Islands choose another state |
No information available. |
Use of Lie Detector Tests in Vermont choose another state |
Except as otherwise provided, an employer in Vermont may not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:
Also, employers may not promote, refuse to hire, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination. For purposes of this law, employer means any individual, organization or governmental body, including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor, and any common carrier by mail, motor, water, air or express company doing business in or operating within this state, that has one or more individuals performing services for it within this state. |
Use of Lie Detector Tests in Washington choose another state |
It is unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or prospective employee take or be subjected to any lie detector or similar test as a condition of employment or continued employment. |
Use of Lie Detector Tests in Wisconsin choose another state |
Except as otherwise provided, no Wisconsin employer may:
For purposes of this law, employer means any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. Employer does not include the federal government. |
Use of Lie Detector Tests in West Virginia choose another state |
No employer in West Virginia may require or request, either directly or indirectly, that any employee or prospective employee of such employer submit to a polygraph, lie detector or other such similar test utilizing mechanical measures of physiological reactions to evaluate truthfulness, and no employer may knowingly allow the results of any such examination or test administered outside this state to be utilized for the purpose of determining whether to employ a prospective employee or to continue the employment of an employee in West Virginia. For purposes of this law, employer means any individual, person, corporation, department, board, bureau, agency, commission, division, office, company, firm, partnership, council or committee of the state government; any public benefit corporation, public authority or political subdivision of the state; or any other business entity that employs or seeks to employ an individual. |
Use of Lie Detector Tests in Wyoming choose another state |
Wyoming has no law regulating the use of lie detector tests by employers. |
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