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[NOTE: The provisions of the Wisconsin Fair Employment Act relating to unfair honesty testing were substantially amended in 1991.]
When the Complainant, in a pre-test interview, admitted that she had stolen $20 from the Respondent on a previous occasion, and when the Respondent discharged the Complainant because of that admission, it did not violate the Act’s prohibition on taking disciplinary action against an employee based on the results of a permitted test. Schierl, Inc. v. LIRC (Portage Co. Cir. Ct., 09/17/85).
Information obtained from a pre-test interview may not be distinguished from that obtained from the polygraph examination itself so as to constitute “independently” obtained information. Weston v. Church’s Fried Chicken (LIRC, 08/14/84); Jelenchick v. Howard Johnson’s (LIRC, 01/26/84).
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