Question

The CEO of a heavy equipment manufacturing company suspects that a member of the company’s senior staff has been selling confidential information to a competitor. When asked to take a polygraph test by the CEO, the senior staff member becomes visibly upset and refuses to take the test. Which of the following is true of the given scenario? a. The CEO can fire the senior staff member for refusing to take the polygraph test. b. The senior staff member can face legal charges for refusing to take the polygraph test. c. The senior staff member cannot be fired for refusing to take the polygraph test. d. The senior staff member can sue the firm for illegally attempting to conduct the polygraph test.

Answer 1

Answer: c. The senior staff member cannot be fired for refusing to take the polygraph test.

Explanation: For refusing to take a polygraph test on the grounds of selling confidential business information to a competitor, the senior staff member cannot be fired. Under the Employee Polygraph Protection Act (EPPA) of 1988, private employers are prohibited from administering polygraph tests to their employees, to request results from the polygraph test, and also to or discharge, discipline, or discriminate against them for refusing to take the test whether for employment purposes or during the course of employment. However, there are exceptions for security firms and employees of the federal, state or local government agencies.