Polygraph Testing Law Summaries

Polygraph Testing Law Summaries

Iowa, Polygraph Testing Law Summaries

Iowa's polygraph testing law is located in the Code of Iowa at Title XVI, Subtitle I, Chapter 730, Section 730.4.

DEFINITIONS

“Polygraph examination” means any procedure that involves the use of instrumentation or a mechanical or electrical device to enable or assist the detection of deception, verify truthfulness, or render a diagnostic opinion regarding either of these, and includes a lie detector or similar test (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

COVERAGE

Private and public employers are covered. Exceptions exist for candidates and applicants in certain safety-sensitive positions in public employment (see below) (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

EXCEPTIONS

The prohibition against polygraph testing does not apply to the state or a political subdivision of the state when in the process of selecting any of the following (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000):

1. a candidate for employment as a peace officer;

2. a candidate for employment as a corrections officer;

3. an applicant for a position with a law enforcement agency of a political subdivision of the state when the applicant is being considered for a position in which the employee filling the position has direct access to prisoner funds, any other cash assets, and confidential information.

For these specified public employers, polygraph examinations must adhere to the published antidiscrimination policy of the state or political subdivision conducting the examination.

WHAT THE EMPLOYER MUST DO

Employers may not, as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, knowingly do any of the following (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000):

1. request or require that an employee or applicant take or submit to a polygraph examination;

2. administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant;

3. request or require that an employee or applicant give an express or implied waiver of a practice prohibited by this law.

Retaliation.- Employers may not discharge, discipline or discriminate against an employee who acted in good faith for filing a complaint or testifying in any proceeding or action involving polygraph testing violations (Sec. 730.4, as amended by H. 2172, L. 1999, effective July 1, 2000).

POLICIES

Effective July 1, 2000, polygraph exams for certain law enforcement positions (see EXCEPTIONS above) must adhere to the published antidiscrimination policy of the state or political subdivision conducting the exam (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

TESTING

Employers may not, as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, knowingly do any of the following (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000):

1. request or require that an employee or applicant take or submit to a polygraph examination;

2. administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant;

3. request or require that an employee or applicant give an express or implied waiver of a practice prohibited by this law.

ENFORCEMENT

An employee discharged, disciplined, or otherwise discriminated against in violation of the polygraph testing law must be compensated by the employer for any loss of wages and benefits arising out of the discrimination and is to be restored to the employee's previous position of employment (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

The polygraph testing law may be enforced through a civil action. A person who violates the law or who aids in the violation of the law is liable to an aggrieved employee or applicant for affirmative relief including reinstatement or hiring, with or without back pay, or any other equitable relief as the court deems appropriate, including attorney fees and court costs (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

When a person commits, is committing, or proposes to commit, an act in violation of the polygraph testing law, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee or applicant, the county attorney, or the attorney general (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

A person who brings an action under the polygraph testing law alleging that an employer has required or requested a polygraph examination in violation of the law must establish that sufficient evidence exists upon which a reasonable person could find that a violation has occurred. Upon proof of sufficient evidence that a violation has occurred, as required under this paragraph, the employer has the burden of proving that the requirements of this section were met (Sec. 730.4, as amended by Ch. 1059 (H. 2172), L. 2000, effective July 1, 2000).

PENALTIES

Violation of the polygraph testing law is a simple misdemeanor. In addition to other penalties, the punishment for violation of law relating to polygraph exams is a fine of not less than $250. This law may also be enforced through a civil action (Sec. 730.4, as amended by H. 2172, L. 1999, effective July 1, 2000). For a simple misdemeanor, where no fine is specifically provided, violators are subject to a fine of at least $65 but not more than $625, and/or the court may order imprisonment for up to 30 days (Title XVI, Subtitle 3, Ch. 903, Sec. 903.1, as last amended by H. 2789, L. 2006).