Michigan Laws 37.203 – Employer or employment agency; prohibited conduct; voluntary request for examination by employee; requirements and prohibitions
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(1) Except as provided in this section, an employer or employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:
(a) Request or require that an employee or applicant for employment take or submit to a polygraph examination.
Terms Used In Michigan Laws 37.203
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Employee: means an individual who works for another person for compensation. See Michigan Laws 37.202
- Employer: means a person who employs 1 or more persons or who accepts applications for employment, including an agent of an employer. See Michigan Laws 37.202
- Employment agency: means a person regularly undertaking with or without compensation to procure, refer, recruit, or place for an employer or person the opportunity to work for an employer, and includes an agent of that person. See Michigan Laws 37.202
- Examiner: means any person who does any of the following:
(i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of either of these through instrumentation or the use of a mechanical device. See Michigan Laws 37.202in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Polygraph examination: means a psychological stress evaluator examination or any other procedure which involves the use of instrumentation or a mechanical device to enable or assist the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding either of these; including a lie detector test, psychological stress evaluator examination, or similar test. See Michigan Laws 37.202
(b) Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment.
(c) Require that an employee or applicant for employment give an express or implied waiver of a practice prohibited by this act or section 19 of Act No. 295 of the Public Acts of 1972, as amended, being section 338.1719 of the Michigan Compiled Laws.
(2) This section does not prohibit an employee or applicant for employment from voluntarily requesting a polygraph examination.
(3) If an employee or applicant requests a polygraph examination, this section does not prohibit an employer or employment agency from administering a polygraph examination as provided in subsection (7).
(4) An employee or applicant for employment who voluntarily requests a polygraph examination shall receive from the employer or employment agency a copy of this section and section 19 of Act No. 295 of the Public Acts of 1972, as amended, before the employee or applicant for employment voluntarily takes the polygraph examination.
(5) An employer shall not refuse to hire an applicant for employment because the applicant refuses or declines a polygraph examination.
(6) If an employee or applicant for employment voluntarily requests a polygraph examination, an employer or employment agency shall not use or employ the services of an intern or an examiner who is not licensed under Act No. 295 of the Public Acts of 1972, as amended, being section 338.1701 to 338.1729 of the Michigan Compiled Laws, for the detection of deception, verification of truthfulness, or measuring or recording the presence or absence of stress in the vocal response of the employee or applicant for employment.
(7) If an employee or applicant for employment voluntarily requests a polygraph examination, the examiner shall:
(a) Not ask questions that are prohibited under section 19(j) of Act No. 295 of the Public Acts of 1972, as amended.
(b) Inform the employee or applicant for employment of all specific question areas to be explored before their actual exploration during the examination.
(c) Inform the employee or applicant for employment of all of the following:
(i) The employee or applicant for employment has the right to accept or refuse the examination.
(ii) The employee or applicant for employment has the right to halt an examination in progress at any time.
(iii) The employee or applicant for employment is not required to answer any questions or give any information.
(iv) Any information the employee or applicant for employment volunteers could be used against the employee or applicant for employment, or made available to the employer, unless otherwise specified and agreed to in writing by the employee or applicant for employment.
(d) Provide the employee or applicant for employment with a copy of the examination results and all reports or analyses done by the examiner which are shared with the employer.