Phoenix, Ariz.-based Diamond Kitchen & Bath will pay $15,000 in civil penalties and an additional $15,000 in lost wages after an investigation by the U.S. Department of Labor's Wage and Hour Division. The investigation determined the kitchen and bath company violated federal law by requesting one of its employees to submit a polygraph test, according to a news release.
Investigators found Diamond Kitchen & Bath's request for an employee to submit the test failed to meet specific requirements under the Employee Polygraph Protection Act that would have permitted the request. The company instructed the employee to submit to a polygraph test after a client reported the employee appeared to be under the influence of marijuana while performing work at their residence. The Department of Labor determined the employee was unlawfully terminated after failing to show up for the polygraph test. Federal laws would have permitted Diamond Kitchen & Bath to require a drug test, not a polygraph test.
"The U.S. Department of Labor provides many tools to help employers comply with the law and understand how to avoid costly violations like those in this case," said Wage and Hour Division Phoenix, Ariz., district director Eric Murray. "We encourage employers and employees with questions about any of their workplace rights or responsibilities to call us to speak confidentially with a trained Wage and Hour Division professional."