29 U.S.C. § 2001 — Definitions

Page 762 TITLE 29—LABOR § 2001 § 2001. Definitions As used in this chapter: (1) Commerce The term ‘‘commerce’’ has the meaning pro- vided by section 203(b) of this title. (2) Employer The term ‘‘employer’’ includes any person acting directly or indirectly in the interest of an employer in relation to an employee or pro- spective employee. (3) Lie detector The term ‘‘lie detector’’ includes a poly- graph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or elec- trical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (4) Polygraph The term ‘‘polygraph’’ means an instrument that— (A) records continuously, visually, perma- nently, and simultaneously changes in car- diovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and (B) is used, or the results of which are used, for the purpose of rendering a diag- nostic opinion regarding the honesty or dis- honesty of an individual. (5) Secretary The term ‘‘Secretary’’ means the Secretary of Labor. (Pub. L. 100–347, § 2, June 27, 1988, 102 Stat. 646.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–347, § 11, June 27, 1988, 102 Stat. 653, pro- vided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this Act [enacting this chapter] shall become effec- tive 6 months after the date of enactment of this Act [June 27, 1988]. ‘‘(b) REGULATIONS.—Not later than 90 days after the date of enactment of this Act, the Secretary shall issue such rules and regulations as may be necessary or ap- propriate to carry out this Act.’’ SHORT TITLE Pub. L. 100–347, § 1, June 27, 1988, 102 Stat. 646, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Employee Polygraph Protection Act of 1988’.’’ § 2002. Prohibitions on lie detector use Except as provided in sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the pro- duction of goods for commerce— (1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test; (2) to use, accept, refer to, or inquire con- cerning the results of any lie detector test of any employee or prospective employee; (3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against— (A) any employee or prospective employee who refuses, declines, or fails to take or sub- mit to any lie detector test, or (B) any employee or prospective employee on the basis of the results of any lie detector test; or (4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because— (A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, (B) such employee or prospective employee has testified or is about to testify in any such proceeding, or (C) of the exercise by such employee or prospective employee, on behalf of such em- ployee or another person, of any right af- forded by this chapter. (Pub. L. 100–347, § 3, June 27, 1988, 102 Stat. 646.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2003. Notice of protection The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this chapter. Each employer shall post and maintain such notice in conspicuous places on its prem- ises where notices to employees and applicants to employment are customarily posted. (Pub. L. 100–347, § 4, June 27, 1988, 102 Stat. 647.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2004. Authority of Secretary (a) In general The Secretary shall— (1) issue such rules and regulations as may be necessary or appropriate to carry out this chapter; (2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor orga- nizations, and employment agencies to aid in effectuating the purposes of this chapter; and (3) make investigations and inspections and require the keeping of records necessary or ap- propriate for the administration of this chap- ter.