What Is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is landmark United States federal legislation establishing a comprehensive prohibition against discrimination on the basis of disability. Enacted in 1990, the ADA has significant implications for the types of questions that can be included in polygraph examinations, particularly during pre-employment screening.
Impact on Polygraph Testing
The ADA restricts certain lines of questioning that were historically common in polygraph examinations. Some inquiries related to medical history, alcohol use history, drug use history, and mental health conditions may fall outside the scope of permissible pre-employment enquiries under ADA provisions. Examiners and agencies conducting polygraph examinations before extending a conditional job offer must ensure their question coverage complies with ADA rules.
Pre-Offer vs. Post-Offer Testing
The ADA’s restrictions apply most strictly before a conditional employment offer has been made. Disability-related questions are generally prohibited at this stage. After a conditional offer, disability-related enquiries may be permitted if they are job-related and consistent with business necessity — but even then, the enquiries must be applied uniformly to all candidates in the same job category.
Relationship to the EPPA
The ADA works in conjunction with the Employee Polygraph Protection Act to create a comprehensive framework of protections for individuals subjected to polygraph testing in employment contexts. While the EPPA restricts when and how private employers can use polygraph testing, the ADA further limits the content of questions to prevent disability-based discrimination.
Government Exemptions
Certain government agencies may operate under different rules when conducting security-related or national security polygraph examinations, such as counterintelligence screening. However, the general principle of non-discrimination on the basis of disability still applies.
Practical Guidance
Examiners are advised to consult legal counsel to ensure their examination coverage complies with ADA requirements. Provisions of the Act can be found at the U.S. Department of Labour website.