Legal Question in Employment Law in Pennsylvania
Disqualified by the State Police
I was recently disqualified by the Pennsylvania State Police after taking the Polygraph test and answering very honestly. I have two questions. (1) The PSP are now permitted by my signed consent to share my information and the reasons they disqualified me to any police department in the state, though I believe that would cause the incidents to appear overexaggerated. Is there a way for me to suppress that information or remove permission to them to share it??? (2) Now, just out of curiosity... They gave three reasons for disqualifying me. One of the reasons ended up being false because they had the date of the incident wrong and it took me a couple letters for them to admit it. Could I argue that if they allowed one error then there may be other errors as well and I should be permitted to redo the polygraph booklet???
1 Answer from Attorneys
Re: Disqualified by the State Police
You asked about employer requirements to comply with polygraph law.
The Pennsylvania State Police are one of the many types of employers exempted from the general prohibition on using poygraph in employment decisions. I don't think you will be able to revoke your consent to allow the sharing of information, but I would love to to pursue an action making that claim. I think the consideration for being allowed to take the polygraph was your consent to allow the information to be used in an appropriate pre-disclosed manner. Your best bet is to do the research on your own and see if you may revoke your consent in any way.
As to the second part you can always challenge innaccurate information held by a state or federal agency. You have the right to examine any unclassified portions of records about you maintained by a state agency. But you will not be able to challenge the results of the testing process. It would be too great a pressure on the recruiting process. The best that you can hope for is 1) to get the incorrect information deleted from your record, and 2) to get the results of the prior test administration sealed so that you could go through the testing process on the next recruitment cycle.
Unfortunately, lawsuits cost money and as you will find with many lawyers we must weigh the likelihhod of prevailing against the likely cost of the action. I don't think it is economically feasible to press these claims through a lawyer. I would be happy to represent you but it will not be cheap.
Regards,
Roger Traversa
email: [email protected]
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