Can you be forced to take a polygraph test?

While there is no specific legislation in place regulating the use of polygraph tests, an employer can ask an employee to take one, but it must be voluntary (we'll go into more detail just now). However, no one can be forced to undergo a lie detector test, as it is against the Constitution.

What happens if you fail polygraph?

The Consequence of Inconclusive Results So, by failing a polygraph or producing inconclusive results you might not get the job or the clearance you're applying for but you also won't lose any clearance you already have or jeopardize your future prospects of obtaining clearances that don't require a polygraph.

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Maryland
Polygraph Consent Form

Maryland Polygraph Consent Form

Q: What can cause a false positive on a polygraph?

Errors can be caused by a polygraph examiner&#039;s failure to properly prepare the subject for the exam or an examiner misreading the charts. Gordon says the research has indicated that false positives are more common than false negatives, perhaps because of anxiety.

Category:

Employment - Testing

State:

Multi-State

Control #:

US-211EM

Format:

Instant download

Description

This form is used by an employee of a company to consent to a polygraph test.

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FAQ

You are never under any legal obligation to take a lie detector test in a criminal investigation. Even if police tell you the test is mandatory or they threaten you with arrest if you refuse to take one, you don't have to.

While there is no specific legislation in place regulating the use of polygraph tests, an employer can ask an employee to take one, but it must be voluntary (we'll go into more detail just now). However, no one can be forced to undergo a lie detector test, as it is against the Constitution.

The accuracy of lie detector test results can vary depending on the person administering the test, the machine used, and the person taking the test. As such, polygraph results are generally not admissible in criminal cases unless both parties agree to it.

According to a report from the National Academy of Sciences, a variety of mental and physical factors, such as anxiety about being tested, can affect polygraph results making the technique susceptible to error. Unfortunately, once you have failed a government polygraph test, there may be little you can do to

UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT, OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.

Questions on the Police Polygraph or CVSAIllegal drug trafficking or dealing. Illegal drug or medication use, including steroids. Use of alcohol. Falsification or minimization in your requested information.

Errors can be caused by a polygraph examiner's failure to properly prepare the subject for the exam or an examiner misreading the charts. Gordon says the research has indicated that false positives are more common than false negatives, perhaps because of anxiety.

According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses.

No matter what tactics the police use against you, you are fully within your rights to refuse a polygraph test at any stage of the criminal justice process. If you ever find yourself in one of those dimly lit rooms, you should politely decline to participate until you've discussed the matter with a qualified attorney.

The Consequence of Inconclusive Results So, by failing a polygraph or producing inconclusive results you might not get the job or the clearance you're applying for but you also won't lose any clearance you already have or jeopardize your future prospects of obtaining clearances that don't require a polygraph.