Can You Legally Be Forced to Take a Polygraph Test?

The use of polygraph tests is a polarizing topic in both legal and employment settings. While polygraph tests are generally considered voluntary, they often become a part of the legal trial process.

Voluntary Nature of Polygraph Tests

Polygraph tests are intended to be voluntary and thus, the defense may be given an informed consent letter as a part of the trial procedure. However, this does not necessarily mean the defendant feels forced to take the test. Similarly, reliance on polygraph tests during a medical exam is also considered voluntary under most circumstances.

Renting and Employment

When it comes to employment, polygraph tests are usually required only in specific situations. Maryland and Massachusetts have specific laws regulating the use of polygraph tests in employment. Employers have no legal right to force an employee or job candidate to take a polygraph test, nor can any candidate demand that the company should continue with the hiring process if a polygraph test is required.

Reactions to Refusal

If a candidate or employee refuses to take a polygraph test, the employer or company will usually terminate the hiring or employment process immediately. There will be no further communication, no further steps, and no job offer. The employer’s stance is clear: cooperation with their requests is mandatory, and any refusal or avoidance will result in the end of the discussion.

Legal and Employment Implications

No company can legally force its employees or prospective employees to take a polygraph test. However, failing to comply with company procedures during the hiring process can result in the elimination of the candidate from further consideration.

Special Cases

For individuals like sex offenders under active supervision, the situation is different. Refusal to take a polygraph test can result in termination from treatment programs. Additionally, if a person is required to take a polygraph test at their own expense, and they refuse, they risk being returned to prison. Even in cases where the test is claimed to have failed, being returned to prison is a possible consequence.

Conclusion

While polygraph tests are generally voluntary, they can be mandated in certain circumstances, either during legal proceedings or as a part of employment screening. Refusal to cooperate can have serious implications, including the end of the hiring or legal process. It is essential for individuals to understand their rights and the potential consequences of their actions.