July 2007
WIN AT WORK MONTHLY
A Community Service of SESSIONS & KIMBALL LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
LIE DETECTOR TESTIMONY IS NOT LEGAL “If you’re telling the truth, a lie detector test shouldn’t be a problem,” say many employers. Yet federal and many state laws prohibit most private employers from requiring or even requesting job applicants or employees to take a polygraph test. Employers also can’t retaliate against them for refusing to take it. Your employer can ask you to take a lie detector test if workplace theft or other misconduct causes it to lose money, but only if it is investigating a specific incident, you had access to the missing property, it has a reasonable suspicion that you were involved, and you are given at least 48 hours’ notice. Also, the federal law does not apply to FBI contractors, security companies, pharmaceutical companies, or federal, state, or local government employees. Even if testing is legal, it is subject to numerous restrictions concerning notice, type of questions, and qualifications of the tester. Regardless of the truth, lie detectors can be a problem.	OFF-SITE HARASSMENT/ON-SITE HARASSMENT A California Appeals Court recently held that a female employee could bring sexual harassment claims against her former employer–based upon off-site conduct by her supervisor. Myers v. Trendwest Resorts, Inc., 148 Cal.App. 4th 1403 (2007). The supervisor in this case subjected the female employee to non-consensual physical contact while they were driving to customers’ homes. Although the alleged harassment took place outside of the office, the Appeals Court reasoned that the excursions were connected to their employment, and of obvious benefit to the employer’s enterprise. This case is of great importance to employees because it broadens the standard for employer/supervisor liability for harassment that occurs outside of the workplace. Paul B. Miner, Attorney
Update on our attorneys: After a lengthy litigation battle, Heidi Hutchinson prevailed against a very public employer.
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