132.1 Required procedures, nature of permitted tests

[NOTE: The provisions of the Wisconsin Fair Employment Act relating to unfair honesty testing were substantially amended in 1991.]

Written honesty tests were not within the purview of sec. 111.37(1)(a), Stats., as it existed in 1990. Pluskota v. Roadrunner Freight Sys., 188 Wis. 2d 288, 524 N.W.2d 904 (Ct. App. 1994).

The Wisconsin Fair Employment Act is intended to regulate only those types of honesty tests which operate in the same manner as a polygraph, voice stress analysis, or psychological stress evaluator. All of these tests measure the physiological changes in an individual from which deception or veracity may be inferred. The Reid Report, which is a paper and pencil test, purports to measure an individual’s attitude towards honesty. It does not attempt to measure physiological changes in an individual. Therefore, it is not covered by the provisions of sec. 111.37, Stats. Hintz v. Fleet Farm (LIRC, 05/22/91).