Lie Detector & Polygraph Test Laws in California

Employers frequently break polygraph laws in these ways.

Requiring Polygraph Tests During Background Checks

• Making polygraph tests a mandatory part of the hiring process
• Requiring current employees to submit to polygraph examinations
• Using polygraphs as a condition of employment or continued employment
• Including polygraph testing in routine background screening procedures

Threatening to Fire Employees Who Refuse a Polygraph

• Threatening termination if an employee refuses to take a polygraph test
• Warning employees that refusal will result in immediate firing
• Telling workers they will lose their job if they do not submit to testing
• Using job security as leverage to force participation in polygraph exams

Using Polygraph Results to Make Hiring or Firing Decisions

• Rejecting job applicants based on polygraph test results
• Terminating or demoting employees because of polygraph outcomes
• Relying on polygraph results when making disciplinary decisions
• Basing employment decisions on unreliable or inadmissible polygraph findings

Calling a Polygraph “Voluntary” While Pressuring Employees

• Labeling the test as “voluntary” while implying negative consequences for refusal
• Creating a coercive environment that makes employees feel they have no real choice
• Using subtle or direct pressure to make the test seem mandatory
• Misleading employees about the true consequences of declining the test

Disciplining or Demoting Workers Who Decline to Take the Test

• Issuing discipline or write-ups to employees who refuse polygraph testing
• Demoting employees for exercising their right to decline a polygraph
• Retaliating against workers who assert their legal protections
• Creating a hostile work environment for those who say no to polygraph tests