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Neb. Rev. Stat. § 81-1932

Employee; use of truth and deception examination; when; limitation

Applied in 8 court decisions — leading case Ambroz v. Cornhusker Square Ltd. (1987)

Most recently applied in Trosper v. Bag 'N Save (July 2007)

Laws 1980, LB 485, § 32.

How often courts cite this section

198119902000200710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

No employer or prospective employer may require as a condition of employment or as a condition for continued employment that a person submit to a truth and deception examination unless such employment involves public law enforcement. This shall not be construed to prohibit such employer from asking an employee or applicant to submit to a truth and deception examination if: (1) No questions are asked during the truth and deception examination concerning the examinee's sexual practices, labor union, political or religious affiliations, or marital relationships; (2) The examinee is given written and oral notice that the examination is voluntary and that the examinee may discontinue the examination at any time; (3) The employer or prospective employer has the employee or applicant sign a form stating that the examination is being taken voluntarily; (4) Questions that are asked prospective employees are job related; (5) Prospective employees are not preselected for a truth and deception examination in a discriminatory manner; (6) An employee is only requested to submit to a truth and deception examination if such examination concerns itself with a specific investigation; (7) The results of a truth and deception examination are not the sole determinant in the termination of employment; and (8) All questions that are asked during a truth and deception examination and the responses of the examinee are kept on file by the employer for a period of one year.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.