---
kind: "section"
citation: "29 C.F.R. § 801.20"
title: "29"
number: "801.20"
heading: "Adverse employment action under ongoing investigation exemption."
url: "https://uscodex.org/cfr/29/801.20"
---

# §801.20. Adverse employment action under ongoing investigation exemption.

- (a) [Section 8(a)](/cfr/29/8.md?p=a) (1) of the Act provides that the limited exemption in section 7(d) of the Act and [§ 801.12](/cfr/29/801.12.md) of this part for ongoing investigations shall not apply if an employer discharges, disciplines, denies employment or promotion or otherwise discriminates in any manner against a current employee based upon the analysis of a polygraph test chart or the refusal to take a polygraph test, without additional supporting evidence.
- (b) “Additional supporting evidence”, for purposes of section 8(a) of the Act, includes, but is not limited to, the following:
  - (1)
    - (i) Evidence indicating that the employee had access to the missing or damaged property that is the subject of an ongoing investigation; and
    - (ii) Evidence leading to the employer's reasonable suspicion that the employee was involved in the incident or activity under investigation; or
  - (2) **Admissions or statements made by an employee before, during or following a polygraph examination.**
- (c) Analysis of a polygraph test chart or refusal to take a polygraph test may not serve as a basis for adverse employment action, even with additional supporting evidence, unless the employer observes all the requirements of sections 7(d) and 8(b) of the Act, as described in §§ [801.12](/cfr/29/801.12.md), [801.22](/cfr/29/801.22.md), [801.23](/cfr/29/801.23.md), [801.24](/cfr/29/801.24.md), and [801.25](/cfr/29/801.25.md) of this part.

## Notes

### Authority

Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

### Source

Source: 56 FR 9064, Mar. 4, 1991, unless otherwise noted.