NCJ Number
104710
Date Published
1987
Length
16 pages
Annotation
The U.S. Department of Justice strongly opposes a proposed Federal law, H.R. 1212, that would prohibit private sector employers from administering polygraph examinations to employees or prospective employees.
Abstract
The proposed law directly opposes the principles of federalism. Regulating polygraph use has been a State responsibility, and 34 States and the District of Columbia have enacted laws in this area. The Federal Government should not preempt the States without evidence of an overriding need for national policy uniformity. The federalist system seeks to ensure several basic values: dispersal of power, accountability of government officials, participation by citizens, diversity, competition, experimentation, and containment of potentially harmful effects of governmental actions. Polygraphs are currently the subject of controversy. A wide range of possible approaches to the use of polygraphs exist, based on careful balancing of the interests of consumers, employees, and employers. Citizens of each State should determine the precise approach that is best for that State. The existing laws do reflect widely varying approaches, and this diversity should be allowed to continue.