29 U.S.C. § 2006 : US Code - Section 2006: Exemptions

Search 29 U.S.C. § 2006 : US Code - Section 2006: Exemptions

(a) No application to governmental employers
This chapter shall not apply with respect to the United States
Government, any State or local government, or any political
subdivision of a State or local government.
(b) National defense and security exemption
(1) National defense
Nothing in this chapter shall be construed to prohibit the
administration, by the Federal Government, in the performance of
any counterintelligence function, of any lie detector test to -
(A) any expert or consultant under contract to the Department
of Defense or any employee of any contractor of such
Department; or
(B) any expert or consultant under contract with the
Department of Energy in connection with the atomic energy
defense activities of such Department or any employee of any
contractor of such Department in connection with such
activities.
(2) Security
Nothing in this chapter shall be construed to prohibit the
administration, by the Federal Government, in the performance of
any intelligence or counterintelligence function, of any lie
detector test to -
(A)(i) any individual employed by, assigned to, or detailed
to, the National Security Agency, the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, or the
Central Intelligence Agency,
(ii) any expert or consultant under contract to any such
agency,
(iii) any employee of a contractor to any such agency,
(iv) any individual applying for a position in any such
agency, or
(v) any individual assigned to a space where sensitive
cryptologic information is produced, processed, or stored for
any such agency; or
(B) any expert, or consultant (or employee of such expert or
consultant) under contract with any Federal Government
department, agency, or program whose duties involve access to
information that has been classified at the level of top secret
or designated as being within a special access program under
section 4.2(a) of Executive Order 12356 (or a successor
Executive order).
(c) FBI contractors exemption
Nothing in this chapter shall be construed to prohibit the
administration, by the Federal Government, in the performance of
any counterintelligence function, of any lie detector test to an
employee of a contractor of the Federal Bureau of Investigation of
the Department of Justice who is engaged in the performance of any
work under the contract with such Bureau.
(d) Limited exemption for ongoing investigations
Subject to sections 2007 and 2009 of this title, this chapter
shall not prohibit an employer from requesting an employee to
submit to a polygraph test if -
(1) the test is administered in connection with an ongoing
investigation involving economic loss or injury to the employer's
business, such as theft, embezzlement, misappropriation, or an
act of unlawful industrial espionage or sabotage;
(2) the employee had access to the property that is the subject
of the investigation;
(3) the employer has a reasonable suspicion that the employee
was involved in the incident or activity under investigation; and
(4) the employer executes a statement, provided to the examinee
before the test, that -
(A) sets forth with particularity the specific incident or
activity being investigated and the basis for testing
particular employees,
(B) is signed by a person (other than a polygraph examiner)
authorized to legally bind the employer,
(C) is retained by the employer for at least 3 years, and
(D) contains at a minimum -
(i) an identification of the specific economic loss or
injury to the business of the employer,
(ii) a statement indicating that the employee had access to
the property that is the subject of the investigation, and
(iii) a statement describing the basis of the employer's
reasonable suspicion that the employee was involved in the
incident or activity under investigation.
(e) Exemption for security services
(1) In general
Subject to paragraph (2) and sections 2007 and 2009 of this
title, this chapter shall not prohibit the use of polygraph tests
on prospective employees by any private employer whose primary
business purpose consists of providing armored car personnel,
personnel engaged in the design, installation, and maintenance of
security alarm systems, or other uniformed or plainclothes
security personnel and whose function includes protection of -
(A) facilities, materials, or operations having a significant
impact on the health or safety of any State or political
subdivision thereof, or the national security of the United
States, as determined under rules and regulations issued by the
Secretary within 90 days after June 27, 1988, including -
(i) facilities engaged in the production, transmission, or
distribution of electric or nuclear power,
(ii) public water supply facilities,
(iii) shipments or storage of radioactive or other toxic
waste materials, and
(iv) public transportation, or
(B) currency, negotiable securities, precious commodities or
instruments, or proprietary information.
(2) Access
The exemption provided under this subsection shall not apply if
the test is administered to a prospective employee who would not
be employed to protect facilities, materials, operations, or
assets referred to in paragraph (1).
(f) Exemption for drug security, drug theft, or drug diversion
investigations
(1) In general
Subject to paragraph (2) and sections 2007 and 2009 of this
title, this chapter shall not prohibit the use of a polygraph
test by any employer authorized to manufacture, distribute, or
dispense a controlled substance listed in schedule I, II, III, or
IV of section 812 of title 21.
(2) Access
The exemption provided under this subsection shall apply -
(A) if the test is administered to a prospective employee who
would have direct access to the manufacture, storage,
distribution, or sale of any such controlled substance; or
(B) in the case of a test administered to a current employee,
if -
(i) the test is administered in connection with an ongoing
investigation of criminal or other misconduct involving, or
potentially involving, loss or injury to the manufacture,
distribution, or dispensing of any such controlled substance
by such employer, and
(ii) the employee had access to the person or property that
is the subject of the investigation.