Other Pre-Employment Tests

There are many types of tests you can ask applicants to take that aren't related to their ability or skill. These include:

drug use testing
polygraph (lie detector) testing
medical screening

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:

employees have access to large amounts of money
employees will carry guns
your business:
- provides security services
- works on national defense or security contracts
- deals with pharmaceuticals or hazardous materials

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:

Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment.
Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test.
Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and that the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job.
Subject a prospective employee to a lie detector test that includes inquiries deemed unlawful by law.
Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification.
Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this law.

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:

Request or require that an employee or applicant for employment take or submit to a polygraph examination.
Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment.
Request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited by this law.

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:

religious beliefs or affiliations;
beliefs or opinions regarding racial matters;
political beliefs or affiliations;
beliefs, affiliations or lawful activities regarding unions or labor organizations; or
sexual preferences or activity.

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:

Request or require that an employee or applicant for employment take a polygraph examination.
Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment.
Require that an employee or applicant for employment give an express or implied waiver of a practice prohibited by this law.

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:

Directly or indirectly, require, request, suggest or cause any employee or prospective employee to take any lie detector test;
Use, accept, refer to or inquire concerning the results of any lie detector test of any employee or prospective employee;
Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee:

Who refuses, declines or fails to take or submit to any lie detector test; or
On the basis of the results of any lie detector test; or

Discharge, discipline, discriminate against in any manner, deny employment or promotion to or threaten to take any such action against any employee or prospective employee who has:

Filed any complaint or instituted or caused to be instituted any legal proceeding under this law;
Testified or may testify in any legal proceeding instituted under this law; or
Exercised the rights, or has exercised on behalf of another person the rights, afforded under this law.

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:

request or require that an employee or applicant for employment take a polygraph examination;
administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or
request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this law.

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:

Directly or indirectly require, request, suggest or cause an employee or prospective employee to take or submit to a lie detector test.
Use, accept, refer to or inquire about the results of a lie detector test of an employee or prospective employee.
Discharge, discipline, discriminate against or deny employment or promotion to, or threaten to take any such action against, any of the following:

an employee or prospective employee who refuses, declines or fails to take or submit to a lie detector test; or
an employee or prospective employee on the basis of the results of a lie detector test.

Discharge, discipline, discriminate against or deny employment or promotion to, or threaten to take any such action against an employee or prospective employee for any of the following reasons:

the employee or prospective employee has filed a complaint or instituted or caused to be instituted a proceeding under this law;
the employee or prospective employee has testified or is about to testify in a proceeding under this law; or
the employee or prospective employee has exercised any right under this law.

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.