CSLB Contractor's Law & Business Practice Exam

Is requiring lie detector tests lawful for contractors?

1. Yes, for any employee

2. No, it is illegal under all circumstances

3. Yes, for private contractors only

4. No, but permitted for public agencies

The correct answer is: No, but permitted for public agencies

Requiring lie detector tests for contractors is lawful in specific contexts, particularly for public agencies. The Employee Polygraph Protection Act (EPPA) generally prohibits the use of lie detector tests by private employers in most circumstances, protecting employees from such intrusions. However, public agencies or security firms that require polygraph testing for specific roles, such as police officers or those in sensitive positions, may legally administer these tests under certain conditions. The distinction lies in the applicant's status; public agencies can utilize lie detector tests as part of their hiring or ongoing evaluations when they are related to national security or public safety concerns. This selective allowance emphasizes the need for balancing workplace rights with organizational security needs. In other contexts, such as private contractors and beyond, restrictions apply, making the answer indicating that public agencies can require these tests in certain scenarios the most accurate choice.