SENATE PASSES BILL LIMITING LIE DETECTOR TESTS

• Document Type: CREST
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• Document Creation Date: December 27, 2016
• Document Release Date: January 17, 2013
• Sequence Number: 24
• Publication Date: March 5, 1988
• Content Type: OPEN SOURCE

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CQ
Labor
Senate Passes Bill Limiting Lie Detector Tests
After overcoming resistance from a
core group of conservative Republicans,
the Senate March 3 passed a bill that
would ban most uses of polygraphs by
employers in the private sector.
The measure, HR 1212. now goes
to a conference with members of the
House, which passed a more re-
strictive version of the bill Nov. 4. The
Senate vote was 69-27. (Vote 43, p.
608; background, Weekly Report p.
265; House action, 1987 Weekly Re-
port p. 2754)
"This legislation is a fundamental
issue of workers' rights." said Edward
M. Kennedy, D-Mass., chairman of the
Labor and Human Resources Commit-
tee and one of two key sponsors of the
bill. "We know that in most applica-
tions, the devices cannot be trusted. It
is time to put an end to their unaccept-
able misuse."
The other chief sponsor was con-
servative Orrin G. Hatch of Utah,
ranking Republican on the Labor Com-
mittee and frequent opponent of such
labor-backed measures as HR 1212.
"I am sure that few of my col-
leagues expected to see, during this
Congress, the distinguished senator
from Massachusetts and myself stand-
ing side by side in support of a labor
bill,- Hatch acknowledged. "But [this]
is a truly unique bill."
He said the measure was an
equitable compromise between work-
ers' rights and the concerns of busi-
ness owners who say the polygraph is
useful in fighting theft.
The Reagan administration op-
posed the House version of the poly-
graph bill, but did not take a firm posi-
tion on the Senate bill, which would
allow businesses to use polygraphs under
certain, strictly defined circumstances.
Compromise
The bill's basic compromise is
that it would ban using polygraphs on
employees or job applicants except
when an employer was investigating a
specific crime and had reason to sus-
pect a particular employee. And in
those cases, the test could only be
used as supporting evidence, not as
?By Patrick L. Knudsen
the sole grounds for action against the
employee. (Provisions, p. 576)
Opponents of the bill included
Republicans Dan Quayle of Indiana.
Strom Thurmond of South Carolina,
Thad Cochran of Mississippi and Phil
Gramm of Texas. They succeeded in
modifying some provisions of the bill.
An amendment by Thurmond,
adopted by voice vote, exempted com-
panies that operate armored cars or
install security systems at facilities in-
volving public health and safety.
An amendment by Quayle, clarify-
ing that the bill would not prohibit
employers from using other means to
test job applicants for drug use, was
adopted 96-0. (Vote 35, p. 603)
But the Senate voted 55-37 to ta-
ble, or kill, an amendment by Gramm
that would have exempted airlines
and railroads. (Vote 38, p. 603)
Also tabled, by a 56-38 vote, was
an amendment by Rudy Boschwitz, R-
Minn., that would have allowed an
employer to administer a lie detector
test if an employee requested one.
(Vote 37, p. 603)
"You are talking about
260,000 honest and truth-
ful Americans who are
being labeled liars."
?Sen. Edward M. Kennedy,
D-Mass.
Copyoght 1988 Convoisional Quarterly Inc
Reproduction prohibited in whole or in port except by edearial