U.S. Attorney General's Views on the Polygraph Protection Act of 1985

• NCJ Number: 108452
• Journal: Polygraph Volume: 15 Issue: 4 Dated: (December 1986) Pages: 318-324
• Author(s): S J Markman
• Date Published: 1986
• Length: 7 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Statement before the Committee on Labor and Human Resources, United States Senate concerning S. 1815 on April 23, 1985, as entered into the record of the hearing.

Annotation

The U.S. Justice Department opposes proposed bill S. 1815, which would prohibit private-sector employers from administering polygraph examinations to employees or prospective employees, because legislation in this area should remain the responsibility of the States.

Abstract

Until now, regulating polygraph use has been the States' responsibility. Thirty-five States have enacted statutes regulating the use of polygraph, other 'honesty' tests, or polygraph examiners. To preempt the States in this context, where there is no evidence of an overriding need for national policy uniformity, would do violence to an important principle of federalism -- belief in the ability and responsibility of the States generally to govern the affairs of their citizens. Whether or not polygraphs should be regulated by some governmental level is not the issue. Assuming that polygraphs are abused by private employers, the States are as capable as the Federal Government of recognizing and remedying such abuse. In considering the merits of S. 1815, it is inconsistent regarding whether polygraph tests are sufficiently valid to be useful. By exempting certain public and private agencies from the prohibition of polygraph use, the assumption must be that it has some necessary value for these agencies.