Legal and Ethical Considerations Flashcards

A private security firm wishes to polygraph all employees after discovering that $50,000 in cash is missing. Under EPPA, which condition must the employer meet to qualify for the ongoing-investigation exemption?

Answer: The employer must have reasonable suspicion supported by an observable, articulable basis specific to the employee

EPPA's ongoing-investigation exemption requires reasonable suspicion based on observable, articulable facts specific to each employee tested — not just access opportunity.

Which ethical principle most directly prohibits a polygraph examiner from conducting examinations in areas outside their training and demonstrated competence?

Answer: Competence

The principle of competence requires examiners to practice only within the boundaries of their education, training, and supervised experience.

An examinee invokes their Fifth Amendment right against self-incrimination during a court-ordered polygraph. The examiner's correct response is to:

Answer: Terminate the examination and inform the requesting authority

If an examinee invokes their Fifth Amendment right, the examination must be halted and the requesting authority notified, as compelling further participation may be unconstitutional.

The legal concept of 'stipulated polygraph' refers to an examination where:

Answer: Both prosecution and defense agree in advance to the admissibility of results

A stipulated polygraph is one where both parties agree beforehand to admit the results as evidence, often as part of a plea negotiation or case settlement.

Which of the following disclosures in an informed consent form is specifically required by APA standards before a polygraph examination begins?

Answer: The nature of the exam, how results will be used, and who will receive them

APA standards require the consent form to disclose the purpose of the examination, how results will be used, and all parties who will receive the results.

An examiner conducting a post-conviction sex offender examination (PCSOT) must be aware that results may be shared with:

Answer: Probation or parole officers and treatment providers within the supervision team

In PCSOT contexts, examination results are routinely shared within the supervision team — including probation/parole officers and treatment providers — as defined in the pre-exam disclosure.

An examiner who accepts payment contingent on the outcome of a polygraph examination (e.g., paid only if the examinee 'passes') is violating which ethical standard?

Answer: The standard on conflicts of interest and objectivity

Contingency fees tied to examination outcomes create a direct conflict of interest that compromises the examiner's objectivity and violate ethics standards.