Polygraph Testing in Minnesota | Minnesota Employment Lawyer

February 15, 2012

Under state and federal law, employers may not, directly or indirectly, request or require an applicant or current employee to take a polygraph, voice stress analysis, or any other test purporting to test the honesty of the applicant or employee.287 This prohibition relates to tests, which measure physiological changes and does not apply to written honesty tests.288 Under Minnesota law, an employee may request a polygraph test. If an employee makes such a request, the employer or agent administering the test still must inform the employee that the test is voluntary. The employer is then prohibited from disclosing that any employee or applicant has taken a polygraph test and may not disclose the results of the test except to persons authorized by the employee to receive the results.289

286. Minn. Stat. § 181.938, subd. 2 (2007).
287. 29 U.S.C. § 2002 et seq. (2007); Minn. Stat. § 181.75, subd. 1 (2007).
288. State by Spannaus v. Century Camera, Inc., 309 N.W.2d 735 (Minn. 1981).
289. Minn. Stat. § 181.76 (2007).

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