Following an interview at which you elicit the facts set forth above, write a memorandum to your file analyzing their potential claims, the Company's likely defenses and their respective probability of success. Discuss also the remedies each may seek. As the result of the Employee Polygraph Protection Act, virtually all employers in the United States are barred from using the polygraph or similar mechanical device as a means of screening applicants for employment. To fill the void created by the statute, various industrial psychology firms have developed written paper and pencil tests which purport to predict which applicants for employment are most likely to commit theft from the employer. Use of these tests has been vigorously debated.
Opponents cite various legal and policy grounds to bar their use.
Advocates for the business community and retailers in particular argue that such tests are essential for their survival in business. Advocates for the business community argue that successful use of the tests will cut down their rate of theft, thus lowering their cost of doing business. The savings, they continue, will be passed on to consumers. In an attempt to resolve the competing interests, the Grimes legislature has enacted legislation governing honesty tests. Under the bill, such a test may not be used without the prior approval of the Office of the Attorney General for the State of Grimes.