Civil SuitMunicipal LiabilityPensions

Indiana Fire Department Suspends Polygraph Requirement

Michigan City, Indiana has decided to suspend its use of a polygraph as part of its entry-level hiring process. Last month, two unsuccessful candidates, Tyler J. Long and Mikhail Palmer, filed suit claiming that the city violated state and local law by using the polygraph.

According to the Michigan City News Dispatch, the city couples the polygraph with the administration of the Minnesota Multiphasic Personality Inventory test (MMPI-2). The MMPI-2 is required for all new firefighters in Indiana by state law.

According to the lawsuit “To date, 100 percent of all firefighter candidates subjected to the (Michigan City Fire Pension Board’s) illegal MMPI-2 examination requirements have failed their individual examinations.” The News Dispatch reports that all seven firefighter candidates who were given conditional offers of employment with the department have failed it.

The suit was filed in La Porte County Circuit Court naming the city of Michigan City, the Michigan City Fire Pension Board and the Michigan City Fire Merit Commission. It seeks an injunction against the continued use of the test. A ruling is expected shortly.

The Michigan City Common Council voted last night 8-1 to fund additional testing for new candidates without the polygraph. The lone dissenting vote, Councilman Chris Schwanke, reportedly told the News Dispatch that he disagreed with continuing the testing procedures without the polygraph, and raised questions about the fairness of changing a test after so many candidates had failed it.

More on the story.

More on the filing of the suit.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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5 Comments

  1. Questioning a test “after so many candidates had failed it” may not be such a bad idea. There could well be ambiguous questions that escaped the initial reviewers’ notice. I remember reading about one promotional exam in NYC that had a question about “a plant,” which the “city kids” interpreted that to mean a factory, and the country kids thought of something that grows in the garden. A lot of entrance and promo tests got tossed for similar “unconscious” bias.

    Not to mention that polygraphs are not exactly the most trustworthy devices out there: people with anti-social personalities can easily beat them, as do pathological liars. Hell, they’re not even allowed in court anymore, are they?

  2. Agreed – I just hope they go back to the original candidates who flunked it and allow them to retake it – rather than move on down the list.

  3. Every polygraph I’ve taken, have all come back inconclusive. The Minnesota Multiphasic Personality Inventory test is very subjective based on who scores it. Even Psychologists can interpret the results differently.

  4. Remember years ago on “Barney Miller” when Steve Landesberg’s character was on the box? He said he “was born in another galaxy far away…” and the box called it true?

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