Section 37.203 - Employer or employment agency; prohibited conduct; voluntary request for examination by employee; requirements and prohibitions.
POLYGRAPH PROTECTION ACT OF 1981 (EXCERPT)
Act 44 of 1982
37.203 Employer or employment agency; prohibited conduct; voluntary request for examination by employee; requirements and prohibitions.
Sec. 3.
(1) Except as provided in this section, an employer or employment agency shall 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:
(a) Request or require that an employee or applicant for employment take or submit to a polygraph examination.
(b) Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment.
(c) Require that an employee or applicant for employment give an express or implied waiver of a practice prohibited by this act or section 19 of Act No. 295 of the Public Acts of 1972, as amended, being section 338.1719 of the Michigan Compiled Laws.
(2) This section does not prohibit an employee or applicant for employment from voluntarily requesting a polygraph examination.
(3) If an employee or applicant requests a polygraph examination, this section does not prohibit an employer or employment agency from administering a polygraph examination as provided in subsection (7).
(4) An employee or applicant for employment who voluntarily requests a polygraph examination shall receive from the employer or employment agency a copy of this section and section 19 of Act No. 295 of the Public Acts of 1972, as amended, before the employee or applicant for employment voluntarily takes the polygraph examination.
(5) An employer shall not refuse to hire an applicant for employment because the applicant refuses or declines a polygraph examination.
(6) If an employee or applicant for employment voluntarily requests a polygraph examination, an employer or employment agency shall not use or employ the services of an intern or an examiner who is not licensed under Act No. 295 of the Public Acts of 1972, as amended, being sections 338.1701 to 338.1729 of the Michigan Compiled Laws, for the detection of deception, verification of truthfulness, or measuring or recording the presence or absence of stress in the vocal response of the employee or applicant for employment.
(7) If an employee or applicant for employment voluntarily requests a polygraph examination, the examiner shall:
(a) Not ask questions that are prohibited under section 19(j) of Act No. 295 of the Public Acts of 1972, as amended.
(b) Inform the employee or applicant for employment of all specific question areas to be explored before their actual exploration during the examination.
(c) Inform the employee or applicant for employment of all of the following:
(i) The employee or applicant for employment has the right to accept or refuse the examination.
(ii) The employee or applicant for employment has the right to halt an examination in progress at any time.
(iii) The employee or applicant for employment is not required to answer any questions or give any information.
(iv) Any information the employee or applicant for employment volunteers could be used against the employee or applicant for employment, or made available to the employer, unless otherwise specified and agreed to in writing by the employee or applicant for employment.
(d) Provide the employee or applicant for employment with a copy of the examination results and all reports or analyses done by the examiner which are shared with the employer.
History: 1982, Act 44, Eff. Mar. 30, 1983