Reading Room Document

Opinion whether a New Jersey polygraph statute, prohibiting employers from requiring submission to a lie detector test as a condition of employment, precludes the National Security Agency (NSA) from conducting polygraph examinations of individuals employe

The document is a memorandum responding to a request for an opinion on whether a New Jersey polygraph statute precludes the National Security Agency (NSA) from conducting polygraph examinations of individuals employed by an NSA contractor in New Jersey. The conclusion reached is that the New Jersey polygraph statute may not be applied to employees of NSA contractors who process employees in accordance with NSA procedures. The document also presents questions for review, including whether the Department of Justice would provide representation to employees of NSA contractors if the State of New Jersey brings a criminal prosecution under its polygraph statute, and the possibility of initiating an injunctive action on behalf of the United States against any enforcement of the polygraph statute by the State of New Jersey.

June 8, 1981