Negligent or Improper Administration of Polygraph Examination; Measure of Damages

1. Law
2. Georgia Code
3. Torts
4. General Provisions
5. Negligent or Improper Administration of Polygraph Examination; Measure of Damages

1. Any person who is given a polygraph examination and who suffers damages as a result of such polygraph examination having been administered in a negligent manner shall have a cause of action against the polygraph examiner.
2. The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination.

(Code 1981, §51-1-37, enacted by Ga. L. 1985, p. 1008, § 2; Ga. L. 2001, p. 1035, § 1.)

Cross references.

- Victim's right to refuse request for polygraph examinations or other truth-telling devices, § 17-5-73.

Editor's notes.

- Ga. L. 1985, p. 1008, § 3, not codified by the General Assembly, provided as follows: "Nothing contained in this Act shall be construed so as to authorize the results of any polygraph examination to be introduced in evidence in any judicial or administrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value."

Law reviews.

- For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 331 (2001).

JUDICIAL DECISIONS

Refusal to take polygraph examination.

- Dismissal of public employees from employment upon refusal to take a polygraph examination is permissible if the employee is informed: (1) that the questions will relate specifically and narrowly to the performance of official duties; (2) that the answer cannot be used against the employee in any subsequent criminal prosecution; and (3) that the penalty for refusal is dismissal. Moss v. Central State Hosp., 179 Ga. App. 359, 346 S.E.2d 580 (1986).

RESEARCH REFERENCES

Reliability of Polygraph Examination, 14 POF2d 1.

Uses, Techniques, and Reliability of Polygraph Testing, 42 Am. Jur. Trials 313.

ALR.

- Employee's action in tort against party administering polygraph, drug, or similar test at request of actual or prospective employer, 89 A.L.R.4th 527.

Construction and application of Employee Polygraph Protection Act of 1988 (29 USCA § 2001 et seq.), 154 A.L.R. Fed. 315.

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