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Polygraph Examiner Not Bound by EPPA
A federal court of appeals ruled that the administrator of a polygraph test is not liable for administering a polygraph test to employees who were suspected of stealing from a company. The court of appeals also found that the employer and district attorney's office are not liable for violating the employees' constitutional rights.

Facts
Mark Fernandez and Don Abreu were employees of the Mora-San Miguel Electric Cooperative. An air compressor disappeared from the property, and Abreu and Fernandez were suspects. The company's owner contacted the district attorney's office and the district attorney arranged for the employees to take a polygraph test. Lucero Professional Services administered the test. When the company owner learned the results of the test, Fernandez and Abreu were terminated. Fernandez and Abreu sued the company owner, the polygraph examiner, and the district attorney for violating the Employee Polygraph Protection Act (EPPA). The federal district court granted summary judgment in favor of the company owner, the examiner and the district attorney. Fernandez and Abreu appealed.

Decision
The EPPA restricts employers from using lie detector tests and gives employees remedies for violations. Generally, a polygraph examiner is not considered an employer unless the examiner exerts control over the employer's compliance with the EPPA. The court of appeals ruled that the polygraph examiner was not an employer and affirmed the district court's decision. The court of appeals also affirmed the district court's decision in favor of the property owner and the district attorney, finding no evidence of constitutional violations.

Implications
An employer is generally restricted from and may be liable for giving its employees polygraph tests. However, a polygraph examiner that is hired by an employer is not considered an employer for the purposes of determining liability.

(Source: Security Law Newsletter.) Fernandez v. Mora-San Miguel Electric Coop., No. 05-2 130 (10th Cir. Aug. 29, 2006.)

Test Your Knowledge of White-Collar Crime
1. According to a National White-Collar Crime Center survey, what was the approximate percentage of American households affected by white-collar crime in 2005?
a. 10%
b. 25%
c. 50%
d. 90%

2. Of the following, which two demographic factors were most closely associated with white-collar crime victimization in 2005?
a. Race
b. Gender
c. Age
d. Internet use
e. Salary
f. Political affiliation
g. Residence (rural/suburban/urban)

3. Between 2001 and 2005, the number of corporate fraud cases handled by the FBI increased by what percentage?
a. 40%
b. 75%
c. 100%
d. 300%

4. What ratio of respondents to the survey reported being affected by a "national corporate scandal?"
a. 1-in-8
b. 1-in-5
c. 1-in-3
d. 1-in-2

5. What did respondents consider a more serious crime than a database hack?
a. Embezzlement
b. Robbery/Burglary
c. False earnings statement
d. Car theft
e. None of the above
f. All of the above

6. True or false? In the survey, respondents ranked insurance fraud a more serious crime than assault.

7-9: Match the convicted former CEO to the quote.
a. Dennis Kozlowski of Tyco
b. Kenneth Lay of Enron
c. Bernard Ebbers of WorldCom

7. "[Like Jesus Christ] he was crucified by a government that mistreated him."

8. "We are grateful for his vision and his service."

9. "There are no retirees eating cat food because of [him]."

10. In what year did Edwin Sutherland coin the phrase "white-collar crime"? (He defined it as "a crime committed by a person of respectability and high social status in the course of his occupation.")
a. 1939
b. 1839
c. 1739
d. 1639

ANSWERS:
1. c
2. d and g
3. d
4. b
5. e
6. True
7. b
8. c
9. a
10. a

(Source: http://www.csoonline.com)

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