CPE Legal and Ethical Considerations 3 — Questions and Answers
Question 1: A court orders a polygraph examination be conducted without the examinee's consent. Which of the following best describes the examiner's ethical position?
- Proceed without question because a court order supersedes ethics
- Refuse outright regardless of the court order
- Seek clarification on the legal authority and document concerns before proceeding (Correct answer)
- Conduct the exam but omit any conclusions from the report
Correct answer: Seek clarification on the legal authority and document concerns before proceeding
The examiner should verify the legal authority of the order and document any ethical concerns, as valid court orders may override consent requirements in some jurisdictions.
Question 2: Which of the following is NOT a permissible topic area for polygraph questions under APA ethical guidelines?
- The specific incident under investigation
- The examinee's role in the incident
- The examinee's religious beliefs or political views (Correct answer)
- The examinee's knowledge of who committed the act
Correct answer: The examinee's religious beliefs or political views
APA ethical guidelines prohibit questions about religious beliefs, political views, sexual behavior, and other protected personal areas unrelated to the examination purpose.
Question 3: The principle of 'beneficence' in polygraph ethics most directly requires the examiner to:
- Charge fair and transparent fees
- Act in ways that promote the wellbeing of examinees and society (Correct answer)
- Maintain professional competence through continuing education
- Keep all examination results strictly confidential
Correct answer: Act in ways that promote the wellbeing of examinees and society
Beneficence obligates the examiner to actively promote the welfare of examinees and the broader public, not merely avoid harm.
Question 4: An examinee who is a non-native English speaker requests an interpreter for their polygraph examination. The examiner should:
- Deny the request to preserve examination standardization
- Use the employer's HR representative as interpreter for efficiency
- Obtain a qualified neutral interpreter and document the accommodation (Correct answer)
- Administer a written version of the test instead
Correct answer: Obtain a qualified neutral interpreter and document the accommodation
A qualified, neutral interpreter must be used to ensure valid informed consent and accurate communication, and the accommodation should be documented.
Question 5: Which legal doctrine holds that polygraph evidence may be admissible if it meets a standard of general acceptance in the relevant scientific community?
- Daubert standard
- Frye standard (Correct answer)
- Brady doctrine
- Exclusionary rule
Correct answer: Frye standard
The Frye standard, originating from Frye v. United States (1923), requires that scientific evidence be generally accepted in the relevant scientific community for admissibility.
Question 6: Under EPPA's ongoing-investigation exemption, the employer must have reasonable suspicion that the employee was involved in an incident that resulted in:
- Any workplace policy violation
- Economic loss or injury to the employer's business (Correct answer)
- A customer complaint
- An OSHA safety violation
Correct answer: Economic loss or injury to the employer's business
EPPA's ongoing-investigation exemption applies when there is a specific incident causing economic loss or injury to the employer's business.
Question 7: An examiner who uses a polygraph technique that has not been validated by peer-reviewed research may be violating which ethical principle?
- Informed consent
- Competence and scientific integrity (Correct answer)
- Confidentiality
- Non-discrimination
Correct answer: Competence and scientific integrity
Using unvalidated techniques violates the principle of competence and scientific integrity, which requires examiners to use only evidence-based, validated methods.
CPE Legal and Ethical Considerations 3
A court orders a polygraph examination be conducted without the examinee's consent.
Which of the following best describes the examiner's ethical position?