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Cal. Labor Code § 432.2 (2026)

✓ current as of May 2026
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(a)No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. The prohibition of this section does not apply to the federal government or any agency thereof or the state government or any agency or local subdivision thereof, including, but not limited to, counties, cities and counties, cities, districts, authorities, and agencies.

(b)No employer shall request any person to take such a test, or administer such a test, without first advising the person in writing at the time the test is to be administered of the rights guaranteed by this section.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1972–2025 · leading case: Hill v. Nat'l Collegiate Athletic Assn., 865 P.2d 633 (Cal. 1994).
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Hill v. Nat'l Collegiate Athletic Assn., 865 P.2d 633 (Cal. 1994). · cites it 2× “, Lab. Code, § 432.2, subd. (a) ["No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment"]; 29 U.”
Long Beach City Employees Assn. v. City of Long Beach, 719 P.2d 660 (Cal. 1986). “2 provides: “(a) No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment.”
Oberg v. City of Billings, 674 P.2d 494 (Mont. 1983). · cites it 2× “037 ; Cal.Labor Code § 432.2 (West 1971); Cal. Gov't Code § 3307 (West 1971); Conn.”
Hejmadi v. Amfac, Inc., 202 Cal. App. 3d 525 (Cal. Ct. App. 1988). “(e)) or refuse to take a polygraph test in the private sector (Lab. Code, § 432.2), or whose wages are garnished (Lab.”
People v. Miller, 86 A.L.R. 4th 703 (Cal. Ct. App. 1989). “A petition for a rehearing was denied March 23, 1989, and appellant’s petition for review by the Supreme Court was denied June 8, 1989. 1 We are aware of the prohibition against subjecting private and public employees involuntarily to polygraph examinations, even for…”
Davis v. Consol. Freightways, 94 Cal. Daily Op. Serv. 7962 (Cal. Ct. App. 1994). “) Labor Code section 432.2, subdivision (a), prohibits an employer from requiring any *370 employee to take a polygraph test as a condition of employment or continued employment.”
State by Spannaus v. Century Camera, Inc., 309 N.W.2d 735 (Minn. 1981). “037 (1972) (prohibits employer requesting, suggesting, or requiring polygraph or lie detector test as a condition of employment or continued employment; police employment exempted); Cal. Lab. Code § 432.2 (West 1971) (prohibits employer demanding or requiring polygraph, lie…”
United States v. DeBetham, 348 F. Supp. 1377 (S.D. Cal. 1972). “1970) ; Cal.Labor Code § 432.2 (West Supp. 1969) ; Conn.”
Illinois Polygraph Soc'y v. Pellicano, 396 N.E.2d 1354 (Ill. App. Ct. 1979). “Labor Law §§733-739 (McKinney 1978) (use of the PSE not allowed in employment situations); Cal. Labor Code §432.2 (West 1978) (use of polygraph not allowed in employment situations); Mass.”
Civil Serv. Ass'n v. Civil Serv. Comm'n, 139 Cal. App. 3d 449 (Cal. Ct. App. 1983). · cites it 2× “While the section has been described as suggesting a “basic legislative disapproval of employer-administered polygraph tests” ( 43 Ops.”
McDoniel v. Kavry Mgmt. (Cal. Ct. App. 2025). · cites it 3× “5 and Labor Code sections 432.2 and 1198.5. Kavry and Shepard subsequently moved for summary judgment or summary adjudication in the alternative.”
Aston Whitehead v. Pacifica Senior Living Mgmt (9th Cir. 2022). “These allegations are sufficient to state a PAGA claim for violation of California Labor Code § 432.2 2 Pacifica argued that Whitehead waived any arguments regarding her section 432 claim by failing to make those arguments in the district court.”
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