The court system agreed with the scientific community in United States v. Frye
(1923) and ruled that polygraph results could not be presented in a court of law.
Nonetheless, the lie detector market expanded from police department to private
employers wanting to determine the source of employee theft, and then as a job
screening tool.
The heightened use of polygraphs by private employers in the 1980s, due to
escalation in Cold War espionage, created a backlash.
Research reviews conducted by the federal government’s Office of Technology
Assessment and the American Psychological Association both concluded that the
research results were mixed, with most polygraph tests prone to errors.
EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
These findings led to the passage of the Employee Polygraph Protection Act of 1988,
which prohibits most companies from using polygraph testing as a pre-employment tool.
oThe prohibition does not apply to federal, state, and local governments.
oPrivate sector exemptions to the law include pharmaceutical and related firms
that manufacture and distribute controlled substances, and armored car and
other security industry firms.
oThe federal government can require private subcontractors engaged in
national security issues to include polygraph tests as part of the job screening
process.
RECENT EVENTS
Polygraph testing has improved since the 1980s and, with a skilled operator, accuracy
rates range from 81-98 percent.
The modern polygraph collects data on at least three physiological systems associated
with honesty and lying: respiration, sweat gland activity, and blood pressure.
As these measures suggest, the polygraph still only detects for nervousness, not lying.
A new type of polygraph test being developed by brain researchers uses functional
magnetic resonance imaging (fMRI) scanners.
oResearchers have isolated the section of the brain where lying occurs.
oWhen an individual answers truthfully, the brain image is consistent.
oWhen an individual lies, neurological activities can be detected because the
person is deciding not to tell the truth and then thinking about what would be
a believable lie to tell.
oThe initial research results suggest that fMRIs are more accurate than
traditional polygraph tests for detecting lies.
oThe cost of using MRIs for lie detection, however, is exorbitant
oLawsuits will likely be filed by the American Civil Liberties Union for
invasion of privacy.
Given polygraph inaccuracies, provide job candidates who contest the findings an
opportunity to explain any questionable results.