There are some jobs that require a polygraph test in order to be hired, promoted or retained. There are also rules of conduct about what is deemed relevant or even legal to ask during a work-related polygraph. One Colorado State Police captain contends that his polygraph test and answers essentially led to discrimination.
The former officer contends he was asked questions that led to the revelation that he was in fact homosexual. He argues that once this information became known, he was denied re-employment with the State Patrol. Reportedly, there are regulations that prevent any questions about sexual orientation to be asked during the polygraph process.
The former State Patrol captain left his job in 2010 to pursue another career opportunity. He returned to be re-hired and this was when the incident took place. A recent ruling in the case he brought against the Colorado State Patrol garnered the former captain back pay and lost pay in the amount of $768,268.
While there may be different criteria set for different employers as to the general process of being hired or re-hired, the legal standards that are in place in Colorado are there to protect all residents from discrimination of any sort. The process of proving discrimination as a reason for not being hired or re-hired can be complicated but is worth the effort when there is so much on the line. Anyone who believes discrimination is the reason for their current situation should know their rights and also know the current rules and regulations as to what constitutes discrimination.
Source: lgbtqnation.com, Colorado State Patrol must pay $768,000 in anti-gay discrimination complaint, No author, Aug. 19, 2013
