Legal and Ethical Considerations Flashcards
7 cards from real CPE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal and Ethical Considerations flashcards as text
Under the Employee Polygraph Protection Act (EPPA), which of the following employer types is EXEMPT from its restrictions?
Answer: Federal, state, and local government employers
Government employers at the federal, state, and local levels are explicitly exempt from EPPA's restrictions on polygraph use.
A polygraph examiner is subpoenaed to testify about a client's examination results. The client has NOT waived privilege. What is the examiner's most appropriate initial action?
Answer: Notify the client and consult legal counsel before disclosing
The examiner should notify the client and seek legal guidance before disclosing privileged information, allowing time to assert applicable privilege.
Which APA ethical standard requires examiners to maintain accurate and complete records of all examinations conducted?
Answer: Standard of record-keeping
The APA's record-keeping standard obligates examiners to maintain thorough, accurate examination documentation.
During a pre-test interview, the examinee discloses a plan to harm a specific third party after the exam. The examiner's ethical duty under the 'Tarasoff' principle requires:
Answer: Warning the potential victim and/or notifying authorities
The Tarasoff duty to warn/protect requires examiners to take reasonable steps to protect identifiable potential victims from serious threats.
Which federal law most directly governs the use of polygraphs in pre-employment screening by private sector employers?
Answer: The Employee Polygraph Protection Act of 1988
The Employee Polygraph Protection Act of 1988 is the primary federal law restricting private-sector employers from using polygraphs for pre-employment screening.
An examiner discovers that a colleague is fabricating polygraph charts to support predetermined conclusions. The examiner's ethical obligation is to:
Answer: Report the misconduct to the appropriate professional ethics board
APA ethical standards require examiners to report known serious misconduct by colleagues to protect the integrity of the profession.
Under EPPA, how much advance written notice must an employer provide to an employee before a polygraph examination in an ongoing investigation?
Answer: 48 hours
EPPA requires at least 48 hours advance written notice to the employee before conducting a polygraph examination under the ongoing-investigation exemption.