Honesty Testing

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Overview

Under the Wisconsin Fair Employment Act, the use of honesty testing (lie detectors) in employment is either unlawful or highly regulated. Furthermore, your employer may not discriminate against you for refusing to take an honesty test or objecting to its use.

The statute of limitations for filing a complaint is 300 days from the date the action was taken or you were made aware the action was taken.

What actions are covered?

Specifically, the law prohibits discrimination in:

Recruitment and hiring

Job assignments

Pay

Leave or Benefits

Promotion

Licensing or union membership

Training

Layoff and firing

Harassment and other employment related actions

Exceptions

Your employer may request that you take an honesty test in connection with an investigation involving economic loss or injury to a business if you are a reasonable suspect. Honesty tests can be used by law enforcement agencies and by certain businesses that provide security services, alarm systems, or who manufacture, distribute or sell controlled substances.

Employee and Applicant Rights

Legally permissible honesty testing is subject to strict safeguards. Specifically, your rights include proper notice of a test to be administered, advance written notice of the questions to be asked, and the right to discontinue the test at any time. Additionally, your employer may not use your refusal to take an honesty test or the results of your honesty test as the sole reason to take adverse action against you.

Posting Requirements

If your employer uses honesty testing, they must display a poster explaining your rights under the law.

For more information