No employer in Tennessee may take any personnel action based solely upon the results of a polygraph examination. It is unlawful for a polygraph examiner to inquire into any of the following areas during an employment-related polygraph examination, unless the examination is administered as a result of an investigation of illegal activity in the subject area and the inability to pose relevant questions in relation to the illegal activity would be detrimental to the investigation: religious beliefs or affiliations; beliefs or opinions regarding racial matters; political beliefs or affiliations; beliefs affiliations or lawful activities regarding unions or labor organizations; sexual preferences or activities; any disabilities covered by the Americans with Disabilities Act; or activities that occurred more than five years before the examination, except for felony convictions and violations of the state drug control act.
In order to protect the rights of the employee in administering polygraph
tests, minimum procedures must be followed. Each prospective examinee must be
shown a list of the questions to be asked on an official form and a list of the
areas that the examination will cover. Also, the questions must be reviewed with
the examinee before the examination.