CPE Legal Ethics 2 — Questions and Answers
Question 1: Under the APA ethical guidelines, when must a polygraph examiner obtain informed consent from an examinee?
- After the examination is complete
- Before administering any polygraph test (Correct answer)
- Only when the examinee requests it in writing
- Only in criminal investigations
Correct answer: Before administering any polygraph test
APA standards require informed consent to be obtained prior to any polygraph examination.
Question 2: A polygraph examiner working for a private employer discovers that the test results may implicate the employer in wrongdoing. The examiner's ethical obligation is to:
- Alter the report to protect the employer
- Notify law enforcement immediately
- Report findings accurately and refuse to falsify results (Correct answer)
- Destroy the records to avoid conflict
Correct answer: Report findings accurately and refuse to falsify results
Examiners must maintain accuracy and integrity in reporting regardless of who employs them.
Question 3: Which federal law restricts the use of polygraphs by most private employers in the United States?
- The Privacy Act of 1974
- The Employee Polygraph Protection Act of 1988 (Correct answer)
- The Fair Credit Reporting Act
- The Americans with Disabilities Act
Correct answer: The Employee Polygraph Protection Act of 1988
The EPPA of 1988 prohibits most private employers from using polygraphs for pre-employment screening or routine employee testing.
Question 4: An examiner is asked by law enforcement to conduct a polygraph on a suspect who has invoked their right to counsel. The examiner should:
- Proceed because polygraphs are not interrogations
- Refuse to conduct the examination until counsel is present (Correct answer)
- Conduct the exam but not share results with police
- Ask the suspect to waive the right verbally
Correct answer: Refuse to conduct the examination until counsel is present
Once a suspect invokes the right to counsel, questioning and polygraph examinations must cease until an attorney is present.
Question 5: What is the primary purpose of the pre-test interview in a legally and ethically conducted polygraph examination?
- To intimidate the examinee into confessing
- To explain procedures, obtain consent, and review relevant issues (Correct answer)
- To gather background information for a criminal database
- To determine guilt before physiological data is collected
Correct answer: To explain procedures, obtain consent, and review relevant issues
The pre-test interview ensures the examinee understands the process, provides informed consent, and allows review of test topics.
Question 6: Under the EPPA, which category of workers may lawfully be subjected to polygraph testing by private employers?
- All full-time employees annually
- Employees suspected of theft causing economic loss to the employer (Correct answer)
- All new hires regardless of position
- Remote workers only
Correct answer: Employees suspected of theft causing economic loss to the employer
The EPPA permits polygraph use by private employers investigating specific incidents involving economic loss where the employee had access.
Question 7: A certified polygraph examiner who knowingly issues a false polygraph report may face which consequence?
- Only a civil fine under state law
- Decertification and potential criminal liability for fraud (Correct answer)
- A verbal warning from the APA
- No consequence if the employer approves
Correct answer: Decertification and potential criminal liability for fraud
Falsifying polygraph reports is fraud and can result in loss of certification, civil liability, and criminal prosecution.
CPE Legal Ethics 2
Under the APA ethical guidelines, when must a polygraph examiner obtain informed consent from an examinee?