111.37 Use of honesty testing devices in employment situations.

528 words·~2 min read·/wi/chapter-111/111-37-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Employer”, notwithstanding s. 111.32

(6), means any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. “Employer”, notwithstanding s. 111.32

(6), does not include the federal government.

(b)“Lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator or other similar device, whether mechanical or electrical, that is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(c)“Polygraph” means an instrument that fulfills all of the following requirements:

1. Records continuously, visually, permanently and simultaneously any changes in cardiovascular, respiratory and electrodermal patterns as minimum instrumentation standards.

2. Is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(2)Prohibitions on lie detector use. Except as provided in subs.

(5)and

(6), no employer may do any of the following:

(a)Directly or indirectly require, request, suggest or cause an employee or prospective employee to take or submit to a lie detector test.

(b)Use, accept, refer to or inquire about the results of a lie detector test of an employee or prospective employee.

(c)Discharge, discipline, discriminate against or deny employment or promotion to, or threaten to take any such action against, any of the following:

1. An employee or prospective employee who refuses, declines or fails to take or submit to a lie detector test.

2. An employee or prospective employee on the basis of the results of a lie detector test.

(d)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:

1. The employee or prospective employee has filed a complaint or instituted or caused to be instituted a proceeding under this section.

2. The employee or prospective employee has testified or is about to testify in a proceeding under this section.

3. The employee or prospective employee, on behalf of that employee, prospective employee or another person, has exercised any right under this section.

(3)Notice of protection. The department shall prepare and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this section. Each employer that administers lie detector tests, or that has lie detector tests administered, to its employees shall post and maintain that notice in conspicuous places on its premises where notices to employees and applicants for employment are customarily posted.

(4)Department’s duties and powers.

(a)The department shall do all of the following:

1. Promulgate rules that are necessary under this section.

2. Cooperate with regional, local and other agencies and cooperate with, and furnish technical assistance to, employment agencies other than this state, employers and labor organizations to aid in enforcing this section.

3. Make investigations and inspections and require the keeping of records necessary for the administration of this section.

(b)For the purpose of any hearing or investigation under this section, the department may issue subpoenas.