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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 7321 (2026)

  Lie detector tests.

✓ current as of May 2026
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§ 7321.  Lie detector tests.

(a)  Offense defined.--A person is guilty of a misdemeanor of the second degree if he requires as a condition for employment or continuation of employment that an employee or other individual shall take a polygraph test or any form of a mechanical or electrical lie detector test.

(b)  Exception.--The provisions of subsection (a) of this section shall not apply to employees or other individuals in the field of public law enforcement or who dispense or have access to narcotics or dangerous drugs.

Notes of Decisions
Cited in 21 cases, 1979–2006 · leading case: Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 546 A.2d 137 (Pa. Commw. Ct. 1988).
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Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 546 A.2d 137 (Pa. Commw. Ct. 1988). · cites it 8× “We note initially that Section 7321 of the Crimes Code, 18 Pa. C. S. §7321, provides: (a) Offense defined — A person is guilty of a misdemeanor of the second degree if he requires as a condition for employment or continuation of employment that an employee or other individual…”
Marion v. GREEN, 505 A.2d 360 (Pa. Commw. Ct. 1986). · cites it 5× “’ ’ The trial court believed that 18 Pa. C. S. §7321 provides statutory authority for the department’s use of the polygraph.”
Hunger v. Grand Cent. Sanitation, 670 A.2d 173 (Pa. Super. Ct. 1996). · cites it 2× “2d 628 (1993) (discharge for refusing to undergo a polygraph test in contravention of 18 Pa.C.S. § 7321 which provides criminal sanctions against an employer who demands an employee take a polygraph test.”
McGonagle v. Union Fid. Corp., 556 A.2d 878 (Pa. 1989). · cites it 2× “, 611 F.2d 1363 (3rd Cir. 1979), a dismissal for failure to take a polygraph test was held to violate public policy since such testing, as a condition of employment, was proscribed by the Pennsylvania Crimes Code, 18 Pa.”
In Re Officer McMullin, 401 A.2d 572 (Pa. Commw. Ct. 1979). · cites it 2× “We do note, however, that the Crimes Code, 18 Pa.C.S. §7321 (b), provides that “employes or other individuals in the field of public law enforcement” are excepted from the general proscription that a polygraph test may not be required as a condition of employment or continued…”
Shick v. Shirey, 691 A.2d 511 (Pa. Super. Ct. 1997). · cites it 2× “2d 628 (1993) (employee discharged for refusing to take polygraph violated 18 Pa.C.S. § 7321); Reuther v. Fowler & Williams, Inc.”
State by Spannaus v. Century Camera, Inc., 309 N.W.2d 735 (Minn. 1981). “227 (1979) (prohibits requiring polygraph or lie detector test as a condition of employment or continued employment; proscribes subjecting employee or applicant to test, directly or indirectly, as an unfair labor practice; use by law enforcement agencies in criminal…”
City of Pittsburgh v. Bachner, 912 A.2d 368 (Pa. Commw. Ct. 2006). · cites it 2× “) After the Fire Chief notified various candidates that he was passing them over for just cause, the City filed a Declaratory Judgment Action, seeking a ruling that the City acted properly in utilizing polygraph procedures pursuant to the exception contained in section 7321 of…”
Twp. of Silver Spring v. Thompson, 496 A.2d 72 (Pa. Commw. Ct. 1985). “Crimes Code, 18 Pa. C. S. §7321(a), which provides as follows: (a) Offense defined.”
Wright v. Commonwealth, 465 A.2d 1075 (Pa. Commw. Ct. 1983). “Claimant’s assertion of her employer’s violation of Section 7321 of the Crimes Code, 18 Pa. C. S. §7321 which prohibits employers from requiring employees to submit to polygraph examinations is likewise without merit.”
Anderson v. City of Philadelphia, 668 F. Supp. 441 (E.D. Pa. 1987). · cites it 3× “18 Pa.C.S. § 7321 provides: (a) Offense defined.”
Hatfield Twp. v. Stanley, 537 A.2d 63 (Pa. Commw. Ct. 1988). “Section 7321 of the Crimes Code, 18 Pa. C. S. §7321, which proscribes against the use of the polygraph test as a condition of employment, but exempts law enforcement officers, is not an authorization to use the test.”
Show all 21 citing cases →
— 18 Pa. Cons. Stat. § 7321(a) — 4 cases
Twp. of Silver Spring v. Thompson, 496 A.2d 72 (Pa. Commw. Ct. 1985). “Crimes Code, 18 Pa. C. S. §7321(a), which provides as follows: (a) Offense defined.”
Dietz v. Round Hill Foods Inc., 49 Pa. D. & C.3d 222 (1987).
King v. United Parcel Serv. Inc., 15 Pa. D. & C.4th 538 (1992).
Elliott v. Horizons Unlimited Comput. Servs. Inc., 3 Pa. D. & C.4th 264 (1989).
— 18 Pa. Cons. Stat. § 7321(b) — 1 case
City of Pittsburgh v. Bachner, 912 A.2d 368 (Pa. Commw. Ct. 2006). “) After the Fire Chief notified various candidates that he was passing them over for just cause, the City filed a Declaratory Judgment Action, seeking a ruling that the City acted properly in utilizing polygraph procedures pursuant to the exception contained in section 7321 of…”
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