Federal and California law both prohibit a private employer from forcing employees or potential employees to take a polygraph, lie detector, or other similar so called “truth” test as a condition of employment or continued employment. If a private employer requests an employee to take any of these tests, then the employer must advise the employee, in writing, of their right to not take such test. The employer must also obtain the employee’s express written consent before the truth test.
These types of mandatory truth tests may be construed as an invasion of privacy under Article I, Section 1, of the California Constitution, and are also a misdemeanor crime under California Penal Code section 637.3 if the employer does not obtain express written consent in advance.
Private employers may not retaliate or take adverse actions against the employee for refusing to take a truth test. An employee who is denied employment or terminated for refusing to take a truth test may be entitled to employment, lost wages or back pay, attorney fees, and costs. Given these legal protections, arguably there may be no good reason for someone seeking employment or continued employment with a private employer to ever agree to take a polygraph test. Except that civil court cases often take years to resolve, success is never guaranteed in court, and most people need income to pay their bills right now.