29 U.S.C. § 2008
Section 2008 · Disclosure of information
Amended 1 time on record
Applied in 5 court decisions — leading case Hall v. United Parcel Service of America, Inc. (1990)
Most recently applied in 526 F. App'x 599 - Donald Bass v. Wendy's of Downtown, Inc. (May 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. 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.
A person, other than the examinee, may not disclose information obtained during a polygraph test, except as provided in this section.
A polygraph examiner may disclose information acquired from a polygraph test only to—
(1) the examinee or any other person specifically designated in writing by the examinee;
(2) the employer that requested the test; or
(3) any court, governmental agency, arbitrator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction.
An employer (other than an employer described in subsection (a), (b), or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to—
(1) a person in accordance with subsection (b) of this section; or
(2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct.