Protecting Our Children Act

Protecting Our Children Act - Amends the Employee Polygraph Protection Act of 1988 to exempt from its prohibition against lie detector use the employers of prospective employees who care for or supervise or interact with unsupervised children on a frequent basis.

Requires such prospective employees to be given reasonable written notice of the date, time, and location of the polygraph test and of their right to consult with legal counsel or an employee representative before each phase of the test.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4954

 To amend the Employee Polygraph Protection Act of 1988 to provide an 
   exemption from the protections of that Act with regard to certain 
prospective employees whose job would include caring for or interacting 
                      with unsupervised children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2014

   Mr. Ross introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Employee Polygraph Protection Act of 1988 to provide an 
   exemption from the protections of that Act with regard to certain 
prospective employees whose job would include caring for or interacting 
                      with unsupervised children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Children Act''.

SEC. 2. EXEMPTION FOR EMPLOYERS OF EMPLOYEES WHO CARE FOR OR INTERACT 
              WITH UNSUPERVISED CHILDREN.

    (a) Exemption.--Section 7 of the Employee Polygraph Protection Act 
of 1988 (29 U.S.C. 2006) is amended by adding at the end the following:
    ``(g) Exemption for Certain Employers of Employees Who Care for or 
Interact With Unsupervised Children.--
            ``(1) Exemption.--Subject to paragraph (2) and subsection 
        (c) of section 8, this Act shall not prohibit the use of a 
        polygraph test by any employer if the test is administered to a 
        prospective employee--
                    ``(A) whose activities would involve the care or 
                supervision of children or regular access to children 
                who are cared for or supervised by another employee;
                    ``(B) whose job description indicates a high 
                probability that the prospective employee will interact 
                with unsupervised children on a frequent basis; or
                    ``(C) where the employer reasonably believes there 
                is a high probability of unsupervised interaction 
                between the prospective employee and a child on a more 
                than incidental basis.
            ``(2) Conditions.--In addition to the requirements imposed 
        by section 8(c), the exemption provided under paragraph (1) 
        shall not apply unless the following conditions are met:
                    ``(A) The prospective employee is provided with 
                reasonable written notice of the date, time, and 
                location of the polygraph test and of such examinee's 
                right to obtain and consult with legal counsel or an 
                employee representative before each phase of the test.
                    ``(B) Following the polygraph test, before any 
                adverse employment action is taken, the employer 
                shall--
                            ``(i) further interview the examinee on the 
                        basis of the results of the test; and
                            ``(ii) provide the examinee with--
                                    ``(I) a written copy of any opinion 
                                or conclusion rendered as a result of 
                                the test; and
                                    ``(II) a copy of the questions 
                                asked during the test along with the 
                                corresponding charted responses.''.
    (b) Conforming Amendment.--Section 8(c) of such Act (29 U.S.C. 
2007(c)) is amended in the matter preceding paragraph (1), by striking 
``and (f)'' and inserting ``(f) and (g)''.
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