§2007. Restrictions on use of exemptions — Inbound Citations

Citations to 29 U.S.C. § 2007 as a whole

• 29 U.S.C. § 2002

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  Except as provided in sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce—
• 29 U.S.C. § 2006(d)

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  (d) Subject to sections 2007 and 2009 of this title, this chapter shall not prohibit an employer from requesting an employee to submit to a polygraph test if—

  (1) the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, such as theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage;

  (2) the employee had access to the property that is the subject of the investigation;

  (3) the employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and

  (4) the employer executes a statement, provided to the examinee before the test, that—

  (A) sets forth with particularity the specific incident or activity being investigated and the basis for testing particular employees,

  (B) is signed by a person (other than a polygraph examiner) authorized to legally bind the employer,

  (C) is retained by the employer for at least 3 years, and

  (D) contains at a minimum—

  (i) an identification of the specific economic loss or injury to the business of the employer,

  (ii) a statement indicating that the employee had access to the property that is the subject of the investigation, and

  (iii) a statement describing the basis of the employer’s reasonable suspicion that the employee was involved in the incident or activity under investigation.
• 29 U.S.C. § 2006(e)(1)

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  (1) Subject to paragraph (2) and sections 2007 and 2009 of this title, this chapter shall not prohibit the use of polygraph tests on prospective employees by any private employer whose primary business purpose consists of providing armored car personnel, personnel engaged in the design, installation, and maintenance of security alarm systems, or other uniformed or plainclothes security personnel and whose function includes protection of—

  (A) facilities, materials, or operations having a significant impact on the health or safety of any State or political subdivision thereof, or the national security of the United States, as determined under rules and regulations issued by the Secretary within 90 days after June 27, 1988, including—

  (i) facilities engaged in the production, transmission, or distribution of electric or nuclear power,

  (ii) public water supply facilities,

  (iii) shipments or storage of radioactive or other toxic waste materials, and

  (iv) public transportation, or

  (B) currency, negotiable securities, precious commodities or instruments, or proprietary information.
• 29 U.S.C. § 2006(f)(1)

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  (1) Subject to paragraph (2) and sections 2007 and 2009 of this title, this chapter shall not prohibit the use of a polygraph test by any employer authorized to manufacture, distribute, or dispense a controlled substance listed in schedule I, II, III, or IV of section 812 of title 21.