132.2 Discipline or discharge based on refusal to take test

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

In connection with an investigation into falsification of refund records at one of its stores, the Respondent asked many of its employees to submit to both a polygraph examination and a security interview with a security firm. Where the Complainant refused to take the polygraph examination, refused to participate in the security interview, and was terminated, the termination was not because of her refusal to take the polygraph examination, but because of her refusal to cooperate in an interview with a security agent attempting to investigate the circumstances of the refund falsifications. Many other employees who refused to take the polygraph examination but who participated in the security interview were retained by the employer. Saler v. Spencer Gifts (LIRC, 09/30/88).