The Employee Polygraph Protection Act

Is drug testing an unwarranted invasion of employee privacy? Which is more important--getting drugs out of the workplace or protecting the privacy of the employee?

of the lie detector in criminal investigation. John Larson, a “college cop”, student of Vollmer, who built the first lie detector in the Berkeley department, later said that he felt the technique had

smith best argument would be for wrongful termination, defamation and invasion of privacy and here is why; California is one of only a handful few states with a state Constitution that incorporates a privilege to protection. That privilege stretches out to government workers, as well as to representatives in private industry too. California courts have held this privilege is involved by medication testing, however that doesn't generally mean medication testing is illicit. Testing is judged on a case-by-case premise, adjusting the business' purposes behind testing against the interruption on the representative or candidate. A business that has a sensible suspicion that a representative is utilizing medications may be on safe legitimate ground in testing, gave that the suspicion depends on target certainties. Irregular testing is more dubious, despite the fact that courts have maintained arbitrary testing for exceptionally security touchy.

This is not a new technique as it has been around for sometime though in a different setting. Currently, most Americans working in either the private or the public sector must undergo a urinalysis test in order to keep their present jobs or get a new one (The Lectric Law Library par.2). This test is carried out in order to assess whether the worker is using drugs in order to evaluate the job performance of that particular worker. However, this exercise has faced a number of obstacles particularly law suits that have seen many federal courts rule out these practices in the workplaces. They are considered unconstitutional except when there is a reasonable suspicion on a particular individual who can then be forced to undertake the tests. Despite these obstacles many people believe that the employers have a right to assess the performance of their employers in order to safeguard their investments. Moreover, innocent employees need not worry if they have nothing to hide about their personal lives since the tests do not pose any life threatening experiences (The

A position for a crime analyst is open in Fort Lauderdale, Fl. Even though the job is not in the ideal place, it would be considered, because it is something that I find interesting. This would be a job that I would have to apply for after I have gained experience in the criminal justice field. This position demanded a polygraph examination. “An eligible veteran who enters an open-competitive examination shall receive preference points added to the total passing score earned in the examination as provided for in the Florida Statutes. To obtain veteran's preference, candidates MUST submit a copy of separation papers and the City of Fort Lauderdale's veteran's preference claim form.” (Government jobs, 2016, pg.1) This position gives veterans an upper hand which is good for

Drug testing in the workplace has become a controversial issue, with many believing that the act of drug testing employees is an invasion of privacy and an infringement upon rights. As more and more states legalize Marijuana there is debate whether employees can still be fired for having this “drug” in their system even though the state government, not federal, has allowed the recreational use of the drug. The “War on Drugs” significantly impacted the way employers, and employees alike perceived drug abuse and created a strong push for law enforcement to crack down on drug users. Troops returning from the Vietnam War who used Heroin also had a large impact on the drug testing protocols we see today. This paper will examine the history of drug testing, explore how testing is affected by legalized Marijuana, explore both the affirmation and the opposition to drug testing in the workplace, and conclude with recommendations for possible changes.

In one federal case, the Tenth Circuit rejected a challenge to a policy that required employees to disclose their prescription drug use at the time of a drug test for illegal drugs. The company said it was necessary to assure the accuracy of the drug test. The court ruled that since the information was not disclosed to others, it represented an "insignificant" invasion of privacy. See- Roe v. Cheyenne Mountain Conference Resort, D. Colo. 1996) 920 F. Supp. 1153. However, in a California case, the court ruled that an employer's requirement of disclosure of prescription drug use as part of a medical exam for applicants and promotion candidates was illegal. See- Loder v. City of Glendale (1997) 14 Cal.4th 846 [59 Cal.Rptr.2d 696, 927 P.2d 1200].

Section 3. When there is conflict of testimony, each party will be subject to a polygraph test to establish a more likely chance of determining which party is telling the truth.

Physical evidence, information from a reliable source, or a professional’s opinion, of work related misconduct or illegal activities occurring are valid reasons for investigations. “Employers’ intrusions on constitutionally protected privacy interest … investigations of work-related misconduct, should be judged by standard of reasonableness under all the circumstances.” O’Connor v Ortega, 107 S. Ct. 1492 (U.S. 1987).

Polygraph- an electronic instrument Taft records physiological arousal from multiple channels, it is often used as a kid detector the signals are kicked oh by denies attached to different parts of the body. Rubber tubes are strapped around a suspects torso to measure breathing, blood pressure cuffs are wrapped around the upper arm do measure pulse rate abs electrodes ads places on fingertips to record sweat-gland activity or perspiration these signals are send by amplifies and can be seen usually it's to detect deception. But not full-proof sometimes truthful people fail the test and people who understand the test can fake the

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

Credibility- Now, I would like to consider myself an expert lie detector, but apparently binge-watching 12 seasons of Criminal Minds in 3 months does not give me those qualifications. So to better inform and assist you, my lovely audience, I did some research, mostly utilizing online materials.

Polygraph tests are simply not reliable enough to determine a person 's punishment that can be life changing. There are quite a few things that make a polygraph test tick and not all of them are as reliable as they may seem. There are a few different factors that come into play when someone is taking a lie detector test. “William M. Marston invented the first lie detector in 1917,” (Hammiett, 2016 p.1). His attentions were great, and he thought that it would be accurate and efficient with no problems. “However, in 1923, the D.C. Court of Appeals stated that there was not enough scientific evidence to support Matson’s lie detector machine,” (Hammiett, 2016 p.1). If there wasn’t enough evidence, then what makes us think that there is now? It is the same as it has always been and if the D.C. Court of Appeals says that there isn’t enough scientific evidence to support it, then we shouldn 't use something that is

The Health and Safety at work act (HASAWA) is a piece of legislation that used in the UK for health and safety. It places a responsibility for employers to provide health and safety protection for all the employees under him or her, thereby creating a safer workplace for workers and visitors alike. It is done for personal safety as well as because it is the law.

The polygraph test is one of the most controversial criminal investigative techniques of all-time. From the initial years of the invention to today, there is not a consensus about the investigative tool. That is why there are many people for and against the administration of polygraph tests. Therefore, in order to develop a clear picture of the polygraph test the history of the test must be established. Although, there are many sources that have well documented concerns about the invention, the polygraph test is still around after almost 80 years.