Nebraska Statutes 81-1932. Employee; use of truth and deception examination; when; limitation
No employer or prospective employer may require as a condition of employment or as a condition for continued employment that a person submit to a truth and deception examination unless such employment involves public law enforcement. This shall not be construed to prohibit such employer from asking an employee or applicant to submit to a truth and deception examination if:
Terms Used In Nebraska Statutes 81-1932
- Examinee: shall mean the individual who is being examined, tested, or questioned by an examiner or intern for the purpose of verifying truthfulness or detecting deception. See Nebraska Statutes 81-1905
- Person: shall mean any individual, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 81-1906
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(1) No questions are asked during the truth and deception examination concerning the examinee‘s sexual practices, labor union, political or religious affiliations, or marital relationships;
(2) The examinee is given written and oral notice that the examination is voluntary and that the examinee may discontinue the examination at any time;
(3) The employer or prospective employer has the employee or applicant sign a form stating that the examination is being taken voluntarily;
(4) Questions that are asked prospective employees are job related;
(5) Prospective employees are not preselected for a truth and deception examination in a discriminatory manner;
(6) An employee is only requested to submit to a truth and deception examination if such examination concerns itself with a specific investigation;
(7) The results of a truth and deception examination are not the sole determinant in the termination of employment; and
(8) All questions that are asked during a truth and deception examination and the responses of the examinee are kept on file by the employer for a period of one year.