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NY Article 20-B: PSE Criminal Penalties Explained

NY Labor Law Article 20-B bans employer use of Psychological Stress Evaluators, imposing Class B and Class A misdemeanor penalties for violations.

Published April 4, 2026 Updated July 26, 2026 33 min read All articles

New York's Article 20-B carries criminal penalties for misusing psychological stress evaluators, and this guide explains how those PSE rules differ from a standard lie detector test.

New York Labor Law Article 20-B (§§ 733-739) prohibits employers from using Psychological Stress Evaluators on employees or job applicants, imposing criminal misdemeanor penalties for violations. This guide explains every section of the law, the penalties involved, employee protections, and how this state statute interacts with the federal Employee Polygraph Protection Act.

§§ 733-739NY Labor Law Sections
Class BFirst Offense Misdemeanor
$500Max Fine (First Offense)
90 DaysMax Jail (First Offense)

TL;DR — The Short Version

  • NY Article 20-B makes it a criminal misdemeanor for employers to use Psychological Stress Evaluators (voice stress analyzers) on employees or job applicants
  • First violations are a Class B misdemeanor (up to 90 days jail, $500 fine); repeat violations escalate to a Class A misdemeanor (up to 364 days jail, $1,000 fine)
  • Employees are protected from retaliation for filing complaints under the law, and may also pursue civil damages
  • The federal EPPA (1988) provides additional nationwide protections that explicitly cover PSEs and voice stress analyzers
  • Peer-reviewed research consistently shows PSE devices perform at chance-level accuracy for detecting deception, which is why New York enacted this strong prohibition

Who This Guide Is For

  • New York employees who have been asked to submit to a voice stress analysis test
  • Employers in New York seeking to understand PSE restrictions and criminal penalties
  • HR professionals and employment attorneys ensuring compliance with Article 20-B
  • Polygraph examiners working in New York who need to understand the distinction between polygraphs and PSEs
  • Workers' rights advocates researching employee testing protections

What Is NY Labor Law Article 20-B?

Overview of Psychological Stress Evaluators and Employment

New York Labor Law Article 20-B, titled "Psychological Stress Evaluators and Employment," encompasses sections 733 through 739 of the NY Labor Law [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
. This article specifically targets the use of Psychological Stress Evaluators (PSEs) in the employment context, establishing one of the strongest state-level prohibitions on voice stress analysis technology in the workplace.

The statute defines a "psychological stress evaluator" as any mechanical device or instrument that claims to determine the truth or falsity of statements based on vocal fluctuations or vocal stress [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
. This broad definition captures not only the original Dektor PSE but also modern voice stress analyzers and related technologies. The PSE was originally invented around 1969 by Allan D. Bell Jr., Charles McQuiston, and Wilson Henry Ford through Dektor Counterintelligence and Security Inc. in Springfield, Virginia [3]Verified Dektor Counterintelligence and Security Inc.
Confirms PSE was invented by Bell, McQuiston, and Ford at Dektor CI/S in Springfield, Virginia around 1969-70
. These retired U.S. Army intelligence officers developed the device to analyze vocal microtremors as indicators of stress and deception.

New York enacted Article 20-B to protect workers from being subjected to a technology that peer-reviewed research consistently showed to be unreliable for detecting deception [4]Verified The psychological stress evaluator, technical limitations affecting lie detection
Confirms PSE failed to identify deceptive responses beyond chance levels on guilty knowledge test
[5]Verified A validity study of the psychological stress evaluator
Confirms PSE could not reliably distinguish truthful from deceptive statements, performing at chance levels
. The law addresses both employers who would require or use such tests and practitioners who would administer them, creating a comprehensive regulatory framework backed by criminal penalties.

The Seven Sections of Article 20-B

Article 20-B is organized into seven distinct sections, each addressing a different aspect of PSE regulation in the employment context [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
:

Section 733 provides definitions for key terms used throughout the article, including "employer," "employee," "psychological stress evaluator," and "psychological stress evaluator examination" [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
. A PSE examination is defined to include questioning or interviewing an employee for PSE analysis, recording statements for PSE analysis, or analyzing statements with a PSE to determine truthfulness [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
.

Section 734 establishes practitioner limitations, restricting what PSE operators may do within New York [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
.

Section 735 sets forth employer limitations, making it unlawful for employers to require, request, suggest, or knowingly permit employees or prospective employees to take PSE examinations [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. It also establishes the criminal penalties for violations [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
.

Section 736 protects employee rights in related proceedings, ensuring no employee shall be discharged, disciplined, or discriminated against for filing a complaint or testifying about Article 20-B violations [7]Verified NY Labor Law § 736 — Employee Rights in Related Proceedings
Confirms anti-retaliation protection for employees filing complaints or testifying about Article 20-B violations
.

Section 737 contains supplemental provisions that extend the prohibition beyond New York's borders, barring anyone from administering PSE examinations within the state to individuals seeking employment outside New York [8]Verified NY Labor Law § 737 — Supplemental Provisions
Confirms prohibition on administering PSE exams within NY for employment outside the state
.

Section 738 provides for actions for damages, giving employees a civil remedy when their rights under the article are violated [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
.

Section 739 addresses the applicability of the article, defining the scope and boundaries of these protections [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
.

Criminal Penalties Under Article 20-B

Section 735: Employer Limitations and Misdemeanor Charges

Section 735 is the enforcement backbone of Article 20-B. It establishes that no employer or their agent shall require, request, suggest, or knowingly permit any employee or prospective employee to submit to a psychological stress evaluator examination [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. Critically, no employer shall administer or utilize the results of such a test within or outside the state of New York for any reason whatsoever [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
.

The penalty structure is graduated to deter repeat violations:

A first-time violation constitutes a Class B misdemeanor [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. Under New York Penal Law § 70.15, a Class B misdemeanor carries a maximum sentence of imprisonment not to exceed three months (90 days) [9]Verified NY Penal Law § 70.15 — Sentences of Imprisonment for Misdemeanors
Confirms Class B misdemeanor max 3 months imprisonment, Class A misdemeanor max 364 days
. Under Penal Law § 80.05, the fine for a Class B misdemeanor shall not exceed $500 [10]Verified NY Penal Law § 80.05 — Fines for Misdemeanors
Confirms Class B misdemeanor fine max $500, Class A misdemeanor fine max $1,000
.

Any subsequent conviction is elevated to a Class A misdemeanor [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. A Class A misdemeanor in New York carries a maximum sentence of imprisonment not to exceed 364 days [9]Verified NY Penal Law § 70.15 — Sentences of Imprisonment for Misdemeanors
Confirms Class B misdemeanor max 3 months imprisonment, Class A misdemeanor max 364 days
and a fine not to exceed $1,000 [10]Verified NY Penal Law § 80.05 — Fines for Misdemeanors
Confirms Class B misdemeanor fine max $500, Class A misdemeanor fine max $1,000
. The court may also impose probation of up to two or three years for Class A misdemeanor convictions [11]Verified Sentencing Guidelines for Misdemeanors — New York
Confirms Class A misdemeanor can include 2-3 years probation and up to 364 days jail
.

This escalating penalty structure means that repeat offenders face significantly harsher consequences, demonstrating New York's serious commitment to protecting workers from unreliable voice stress testing technology. For context on how New York regulates other forms of credibility assessment in employment, see our guide to NY Labor Law §§ 733-739: Employer Polygraph Ban Explained.

Scope of Prohibited Conduct

The language of Section 735 is deliberately expansive. The statute prohibits employers from taking any of the following actions related to PSE testing [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
:

Requiring an employee or prospective employee to take a PSE test — this covers mandatory testing policies. Requesting a PSE test — even a mere request, without compulsion, violates the law. Suggesting a PSE test — employers cannot hint at or recommend testing. Knowingly permitting a PSE test — employers who are aware that PSE testing is occurring and do not intervene are also in violation.

The statute applies to both employees and prospective employees, ensuring that job applicants receive the same protections as current workers [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. Furthermore, the prohibition extends to administering tests or utilizing test results "within or without the state of New York," meaning an employer cannot evade the law by having a PSE examination conducted in another state and then using those results in New York [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
.

This comprehensive scope reflects New York's determination to close every potential loophole that employers might exploit. For additional information about how New York handles polygraph testing in the workplace, see NY Workplace Rights: When Can Employers Use Polygraphs?.

Employee Protections and Civil Remedies

Section 736: Protection from Retaliation

Section 736 provides critical whistleblower-type protections for employees who assert their rights under Article 20-B. The statute explicitly states that no employee shall be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of Article 20-B [7]Verified NY Labor Law § 736 — Employee Rights in Related Proceedings
Confirms anti-retaliation protection for employees filing complaints or testifying about Article 20-B violations
.

This anti-retaliation provision is essential because without it, employees might be reluctant to report violations out of fear of losing their jobs. The protection extends to both filing complaints and providing testimony, ensuring that the entire enforcement process is protected. If you're concerned about retaliation after reporting any form of lie detector testing violation, our guide on Polygraph Results Confidentiality: Who Can See Your Report? provides additional context on privacy protections.

Section 738: Civil Actions for Damages

Beyond criminal penalties, Section 738 authorizes affected employees to bring civil actions for damages against employers who violate Article 20-B [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
. This provides a monetary remedy directly to the harmed employee, creating a powerful incentive for compliance.

Civil damages may include compensation for lost wages if the employee was terminated or denied employment based on PSE results, emotional distress damages resulting from the unlawful testing, and attorney's fees and court costs. The availability of civil remedies means that even if a district attorney declines to pursue criminal charges, employees can still hold employers accountable through private litigation.

New York's broader whistleblower protection framework under Labor Law § 740, which was significantly expanded in 2022, provides additional protections for employees who report illegal employer activities, including violations of Article 20-B [12]Verified NY Labor Law § 740 — Retaliatory Action by Employers
Confirms expanded whistleblower protections including civil penalties up to $10,000
. These expanded whistleblower protections allow for civil penalties of up to $10,000 and potential punitive damages for willful violations [12]Verified NY Labor Law § 740 — Retaliatory Action by Employers
Confirms expanded whistleblower protections including civil penalties up to $10,000
.

Section 737: Supplemental Extraterritorial Provisions

Section 737 extends the prohibition beyond traditional employment within New York. It provides that no individual shall administer or participate in the administration of a psychological stress evaluator examination within the state to any individual seeking employment outside the state of New York or for the purpose of continuing employment outside the state of New York [8]Verified NY Labor Law § 737 — Supplemental Provisions
Confirms prohibition on administering PSE exams within NY for employment outside the state
.

This supplemental provision addresses a potential gap in the law. Without it, PSE practitioners could set up operations in New York to test individuals on behalf of out-of-state employers, effectively circumventing the protections intended by the statute. Section 737 closes this loophole by making it unlawful to conduct any PSE examination on New York soil regardless of where the employment relationship exists.

The Science Behind the PSE Ban

What Is a Psychological Stress Evaluator?

The Psychological Stress Evaluator (PSE) is a voice stress analysis device that was first introduced commercially in 1971 by Dektor Counterintelligence and Security Inc. [3]Verified Dektor Counterintelligence and Security Inc.
Confirms PSE was invented by Bell, McQuiston, and Ford at Dektor CI/S in Springfield, Virginia around 1969-70
. The PSE was developed to detect levels of significant emotional stress from vocal utterances and was expected to be useful in psychological evaluations and lie detection [13]Verified PSE (Psychological Stress Evaluator) — A Decade of Controversy
Confirms PSE developed to detect stress from vocal utterances, processes voice without attached sensors
.

The device operates on the theory that stress caused by deception produces detectable changes in vocal microtremors — subtle involuntary muscle tremors in the vocal cords [14]Verified The Psychological Stress Evaluator: The Theory, Validity and Legal Status
Confirms PSE theory based on FM microtremor measurement and the legal debate surrounding PSE devices
. Unlike the polygraph, which measures multiple physiological responses including cardiovascular, respiratory, and electrodermal patterns using attached sensors, the PSE processes voice sounds and does not require physical attachment to the subject [13]Verified PSE (Psychological Stress Evaluator) — A Decade of Controversy
Confirms PSE developed to detect stress from vocal utterances, processes voice without attached sensors
. This feature made it appealing to some law enforcement agencies and employers in the 1970s.

However, the PSE faced both the same opposition as the polygraph and opposition from the polygraph profession itself throughout the decade following its introduction [13]Verified PSE (Psychological Stress Evaluator) — A Decade of Controversy
Confirms PSE developed to detect stress from vocal utterances, processes voice without attached sensors
. The device became the center of much controversy as questions about its scientific validity mounted.

Peer-Reviewed Research on PSE Reliability

New York's decision to impose criminal penalties on PSE use in employment was well-supported by the scientific evidence. Multiple peer-reviewed studies have demonstrated that PSE devices perform at chance-level accuracy for detecting deception, making them fundamentally unreliable for employment screening.

Research by Brenner and Branscomb (1979) found that the PSE failed to identify deceptive responses beyond chance levels on the guilty knowledge test, though it did show some consistency in measuring cognitive stress during mental arithmetic tasks [15]Verified The psychological stress evaluator, technical limitations affecting lie detection
Confirms PSE failed to detect deception at above-chance levels
. Similarly, Horvath (1978) demonstrated that the PSE showed detection accuracy at only chance levels with an interrater reliability of just.38, while the galvanic skin response (GSR) achieved.92 reliability and exceeded chance-level accuracy [16]Verified An experimental comparison of the Psychological Stress Evaluator and the galvanic skin response in detection of deception
Confirms PSE achieved only chance-level accuracy with.38 interrater reliability vs GSR at.92
.

A validity study by Lynch and Henry (1979) confirmed these findings, concluding that the PSE could not reliably distinguish truthful from deceptive statements in controlled conditions, performing at chance levels and failing to exceed random guessing accuracy [17]Verified A validity study of the psychological stress evaluator
Confirms PSE could not distinguish truthful from deceptive statements at above-chance levels
. Further research by Brenner, Branscomb, and Schwartz (1979) showed that while the PSE completely failed to detect deception in a guilty knowledge paradigm, it did successfully measure graded cognitive stress during arithmetic tasks — demonstrating that stress measurement does not equate to lie detection [18]Verified Psychological stress evaluator — two tests of a vocal measure
Confirms PSE completely failed to detect deception in guilty knowledge paradigm but measured cognitive stress
.

Hollien (1987) conducted a comprehensive review showing that voice stress analyzers produced correct stress and non-stress identifications only at chance levels, failing to demonstrate validity as either stress detectors or lie detection instruments across multiple experimental conditions [19]Verified Voice stress evaluators and lie detection
Confirms voice stress analyzers produced correct identifications only at chance levels
. Earlier work by Hollien (1980) documented that voice stress indicators showed inconsistent effects, high individual variability, and validation studies demonstrated poor accuracy rates, often near chance levels [20]Verified Vocal Indicators of Psychological Stress
Confirms voice stress indicators showed inconsistent effects and poor accuracy near chance levels
. For deeper exploration of credibility assessment research, visit our Polygraph Research Database.

Why Polygraphs Are Different from PSEs

It is important to understand that New York's Article 20-B specifically targets Psychological Stress Evaluators and voice stress analysis devices — not conventional polygraph instruments. The polygraph measures multiple physiological responses including blood pressure, pulse, respiration, and electrodermal response simultaneously [14]Verified The Psychological Stress Evaluator: The Theory, Validity and Legal Status
Confirms PSE theory based on FM microtremor measurement and the legal debate surrounding PSE devices
, providing a fundamentally different approach to credibility assessment.

The scientific distinction is significant. While the PSE relies solely on vocal analysis and has consistently demonstrated chance-level accuracy in peer-reviewed research [15]Verified The psychological stress evaluator, technical limitations affecting lie detection
Confirms PSE failed to detect deception at above-chance levels
[16]Verified An experimental comparison of the Psychological Stress Evaluator and the galvanic skin response in detection of deception
Confirms PSE achieved only chance-level accuracy with.38 interrater reliability vs GSR at.92
[17]Verified A validity study of the psychological stress evaluator
Confirms PSE could not distinguish truthful from deceptive statements at above-chance levels
, the polygraph uses a multi-channel physiological monitoring approach that has been validated through decades of scientific study. The American Polygraph Association maintains rigorous standards for polygraph examination and examiner training.

New York does not require a license to practice polygraph examination, as explained in our guide on No License Required: Polygraph Practice in New York. However, reputable polygraph examiners complete comprehensive training at accredited institutions such as the American International Institute of Polygraph or the Academy for Scientific Investigative Training. If you're considering a professional polygraph examination in New York, you can book a polygraph test with a qualified examiner.

Federal EPPA and NY Article 20-B Interaction

The Employee Polygraph Protection Act of 1988

The federal Employee Polygraph Protection Act of 1988 (EPPA) provides a nationwide floor of protection that complements New York's Article 20-B. The EPPA explicitly defines "lie detector" to include a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device used for rendering a diagnostic opinion regarding the honesty or dishonesty of an individual [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
.

The EPPA prohibits most private employers from using any lie detector tests either for pre-employment screening or during the course of employment [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
. Federal, state, and local government employers are exempted from the Act [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
. Under the EPPA's limited exemptions, polygraph tests (but no other types of lie detector tests) may be administered in certain circumstances, such as ongoing theft investigations — however, these exemptions expressly do not apply to PSE or voice stress analysis devices [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
.

The EPPA empowers the Secretary of Labor to assess civil money penalties of up to $10,000 against employers who violate the Act [22]Verified EPPA Enforcement — Civil Money Penalties
Confirms EPPA regulations, definitions, and enforcement provisions including civil penalties
. Importantly, Section 10 of the EPPA provides that the Act does not preempt any provision of a state or local law that prohibits lie detector tests or is more restrictive with respect to their use [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
. This means New York's Article 20-B remains fully enforceable alongside the federal law.

How State and Federal Protections Work Together

Employees in New York benefit from dual-layer protection against PSE testing in the workplace. Article 20-B provides criminal penalties at the state level, while the EPPA provides federal civil enforcement mechanisms.

Key differences and complementary features include:

Article 20-B imposes criminal misdemeanor charges on violating employers, whereas the EPPA focuses primarily on civil penalties and injunctive relief [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
[21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
. Article 20-B specifically targets PSE technology and voice stress devices, while the EPPA covers all "lie detectors" including polygraphs [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
[21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
. Article 20-B protections apply to all employers in New York without exception, while the EPPA exempts government employers [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
.

For a broader understanding of how employer polygraph restrictions work under federal law, see our guide to California EPPA Compliance: Private Employer Polygraph Rules. New York employers should also be aware of the state's general workplace protections detailed in NY Workplace Rights: When Can Employers Use Polygraphs?.

Practical Implications for Employers and Employees

What Employers Must Know

New York employers must understand that any use of PSE or voice stress analysis technology in the employment context is a criminal offense under Article 20-B [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. This prohibition is absolute — there are no exceptions, exemptions, or safe harbors for employers who wish to use PSE devices.

Employers should audit their hiring and investigation practices to ensure no PSE or voice stress analysis devices are being used anywhere in their operations. This includes screening by third-party vendors or consultants who may employ voice stress analysis technology. Even if an employer outsources background screening or investigations, they remain liable if PSE technology is used on their employees or applicants.

For legitimate workplace investigations, employers may consider professional polygraph examinations conducted under the limited exemptions provided by the federal EPPA. These examinations must comply with strict procedural requirements and can only be used in specific circumstances, such as ongoing theft investigations. Employers seeking this option should consult with a qualified examiner — you can find professionals in your area through our Polygraph Test Locations directory.

The New York Department of Labor enforces state labor laws including Article 20-B and can issue fines and penalties as well as investigate complaints regarding violations [23]Verified Labor Standards — NY Department of Labor
Confirms NYS DOL enforces state labor laws and can issue fines and investigate complaints
.

What Employees Should Do If Subjected to PSE Testing

If you are an employee or job applicant in New York who has been asked to submit to a voice stress analysis or PSE examination, you have strong legal protections:

First, you have the right to refuse. Under both Article 20-B and the federal EPPA, you cannot be required to submit to a PSE test, and you are protected from retaliation for refusing [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
[7]Verified NY Labor Law § 736 — Employee Rights in Related Proceedings
Confirms anti-retaliation protection for employees filing complaints or testifying about Article 20-B violations
.

Second, document everything. Record the date, time, location, and identity of the person who requested the test. Note whether the request was verbal or written, and whether you were told the test was mandatory.

Third, file a complaint. You may report the violation to the New York Department of Labor, which has authority to investigate labor law violations [23]Verified Labor Standards — NY Department of Labor
Confirms NYS DOL enforces state labor laws and can issue fines and investigate complaints
. You may also file a complaint with the U.S. Department of Labor's Wage and Hour Division regarding EPPA violations.

Fourth, consult an attorney. Section 738 provides for civil actions for damages, and an experienced employment lawyer can advise you on pursuing both criminal prosecution and civil remedies [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
.

For more information about how polygraph and related testing intersects with criminal proceedings in New York, see People v. Angelo (1996): NY Polygraph Admissibility and NY CPL § 160.45: Sexual Assault Victim Polygraph Protection.

New York's Broader Polygraph Legal Framework

Article 20-B in Context

Article 20-B is one piece of New York's broader regulatory approach to credibility assessment technology. While the state specifically criminalizes PSE use in employment, it takes a notably different approach to conventional polygraph testing.

New York does not require a license to practice polygraph examination [24]Verified No License Required: Polygraph Practice in New York
Confirms New York does not require licensure to practice polygraph examination
, which means the state relies on the professional standards maintained by organizations like the American Polygraph Association and other professional bodies. The New York State Police uses polygraph screening for troopers, and PCSOT (Post-Conviction Sex Offender Testing) programs operate in New York for monitoring convicted sex offenders.

The state's approach reflects a recognition that while voice stress analysis technology lacks scientific validity for deception detection, professional polygraph examination conducted by trained examiners using validated methodologies serves important functions in law enforcement, national security, and specific employment contexts.

For those interested in pursuing a career in polygraph examination, our guide on how to Become a Polygraph Examiner provides comprehensive information about training requirements and career paths. Accredited training programs include the NCCA at Fort Jackson and the International Academy of Polygraph in Florida.

Neighboring State Approaches

Understanding how neighboring states handle similar issues can provide useful context. New Jersey, which borders New York, has its own set of protections for employees regarding lie detector testing. See our guides on NJ Employer Polygraph Rights: State & Federal Protections and NJ Consumer Protection: Avoiding Polygraph Testing Scams for more information.

Internationally, countries take varying approaches to credibility assessment technology. Belgium, for example, performs over 300 Comparison Question Tests annually for serious criminal offenses, operated by specially trained police officers [25]Verified Polygraph Testing in Criminal Proceedings: Belgium Analysis
Confirms Belgium conducts over 300 Comparison Question Tests annually for serious criminal offenses
[26]Verified Polygraph Testing in Criminal Proceedings: Legal and Criminological-Psychological Analysis (Belgium)
Confirms Belgium formally codified polygraph use in criminal investigations, unique in Western Europe
. This represents a unique case in Western Europe where polygraph use has been formally codified in criminal investigations [26]Verified Polygraph Testing in Criminal Proceedings: Legal and Criminological-Psychological Analysis (Belgium)
Confirms Belgium formally codified polygraph use in criminal investigations, unique in Western Europe
.

The broader debate around voice stress analysis and polygraph testing continues to evolve. Researchers like John Furedy, who challenged the Control Question Test (CQT) methodology, have contributed significantly to the ongoing scientific discourse around credibility assessment technologies. Modern polygraph training programs, such as those at PEAK Credibility Assessment Training and the Virginia School of Polygraph, incorporate the latest research to ensure the highest standards of practice.

Frequently Asked Questions

What is a Psychological Stress Evaluator (PSE)?

A PSE is a voice stress analysis device that claims to determine the truth or falsity of statements based on vocal fluctuations or vocal stress [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
. Originally invented around 1969 by Dektor Counterintelligence and Security Inc. [3]Verified Dektor Counterintelligence and Security Inc.
Confirms PSE was invented by Bell, McQuiston, and Ford at Dektor CI/S in Springfield, Virginia around 1969-70
, the device analyzes vocal microtremors as indicators of stress. However, peer-reviewed research has consistently shown that PSEs perform at chance-level accuracy for detecting deception [15]Verified The psychological stress evaluator, technical limitations affecting lie detection
Confirms PSE failed to detect deception at above-chance levels
[16]Verified An experimental comparison of the Psychological Stress Evaluator and the galvanic skin response in detection of deception
Confirms PSE achieved only chance-level accuracy with.38 interrater reliability vs GSR at.92
[17]Verified A validity study of the psychological stress evaluator
Confirms PSE could not distinguish truthful from deceptive statements at above-chance levels
.

What are the criminal penalties for violating NY Article 20-B?

A first violation of the employer limitations in Section 735 is a Class B misdemeanor, punishable by up to 90 days in jail and a fine not exceeding $500 [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
[9]Verified NY Penal Law § 70.15 — Sentences of Imprisonment for Misdemeanors
Confirms Class B misdemeanor max 3 months imprisonment, Class A misdemeanor max 364 days
[10]Verified NY Penal Law § 80.05 — Fines for Misdemeanors
Confirms Class B misdemeanor fine max $500, Class A misdemeanor fine max $1,000
. Subsequent violations are upgraded to a Class A misdemeanor, punishable by up to 364 days in jail and a fine not exceeding $1,000 [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
[9]Verified NY Penal Law § 70.15 — Sentences of Imprisonment for Misdemeanors
Confirms Class B misdemeanor max 3 months imprisonment, Class A misdemeanor max 364 days
[10]Verified NY Penal Law § 80.05 — Fines for Misdemeanors
Confirms Class B misdemeanor fine max $500, Class A misdemeanor fine max $1,000
.

Can my employer fire me for refusing to take a voice stress analysis test in New York?

No. Section 736 of Article 20-B explicitly protects employees from being discharged, disciplined, or discriminated against for filing a complaint or testifying in proceedings involving Article 20-B violations [7]Verified NY Labor Law § 736 — Employee Rights in Related Proceedings
Confirms anti-retaliation protection for employees filing complaints or testifying about Article 20-B violations
. Additionally, the federal EPPA prohibits employers from retaliating against employees who refuse lie detector tests, including PSE tests [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
.

Does Article 20-B apply to polygraph tests as well?

No. Article 20-B specifically targets Psychological Stress Evaluators and voice stress analysis devices [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
. Conventional polygraph instruments, which measure cardiovascular, respiratory, and electrodermal responses, are regulated separately under the federal EPPA and other New York laws. However, the EPPA does cover both polygraphs and PSEs at the federal level [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
.

Can a New York employer use PSE results from a test conducted in another state?

No. Section 735 explicitly prohibits employers from administering or utilizing the results of PSE tests 'within or without the state of New York for any reason whatsoever' [6]Verified NY Labor Law § 735 — Employer Limitations
Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)
. Additionally, Section 737 bars anyone from administering PSE examinations within New York to individuals seeking employment outside the state [8]Verified NY Labor Law § 737 — Supplemental Provisions
Confirms prohibition on administering PSE exams within NY for employment outside the state
.

Can I sue my employer for subjecting me to a PSE test in New York?

Yes. Section 738 of Article 20-B provides for civil actions for damages against employers who violate the article [1]Verified NY Labor Law Article 20-B — Psychological Stress Evaluators and Employment (§§ 733-739)
Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment
. You may be entitled to compensation for lost wages, emotional distress, and attorney's fees. This civil remedy exists alongside the criminal penalties, meaning you can pursue damages even if the district attorney does not file criminal charges.

Are government employers in New York covered by Article 20-B?

Article 20-B applies broadly to employers in New York. While the federal EPPA exempts federal, state, and local government employers [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
, New York's Article 20-B does not contain the same government exemption. Employees should consult with an attorney to determine how both laws apply to their specific situation.

How does the EPPA define 'lie detector' in relation to PSE devices?

The EPPA defines 'lie detector' to include a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device used for rendering a diagnostic opinion regarding the honesty or dishonesty of an individual [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
. Voice stress analyzers and PSEs include any systems that utilize voice stress analysis, whether or not an opinion on honesty is specifically rendered [21]Verified Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009)
Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use
.

Is the PSE still used anywhere for lie detection?

While the original Dektor PSE has been largely superseded by newer voice stress analysis devices, successors like the CVSA (Computer Voice Stress Analyzer) are used by some law enforcement agencies. However, peer-reviewed research continues to show that voice stress analysis technology performs at chance levels for deception detection [19]Verified Voice stress evaluators and lie detection
Confirms voice stress analyzers produced correct identifications only at chance levels
[20]Verified Vocal Indicators of Psychological Stress
Confirms voice stress indicators showed inconsistent effects and poor accuracy near chance levels
. New York's criminal prohibition under Article 20-B specifically targets any device that purports to determine truth or falsity based on vocal fluctuations [2]Verified NY Labor Law § 733 — Definitions
Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress
.

Where can I book a lie detector test in New York?

We offer professional polygraph testing at 24 locations across New York: Albany (from $700), Armonk (from $700), Brewster (from $700), Briarcliff Manor (from $700), Bronx (from $700), Garden City (from $650), Harrison (from $650), Haverstraw (from $700), Hawthorne (from $700), Lake Success (from $700), Manhattan (from $650), New City (from $700), New Rochelle (from $700), New York City NYC (from $650), Pearl River (from $700), Port Jervis (from $700), Purchase (from $700), Rye (from $700), Rye Brook (from $700), Suffern (from $700), Syracuse (from $700), Tarrytown (from $700), Tuxedo Park (from $700), Yonkers (from $600). All examiners are trained to APA standards. View all New York locations.

Sources & References

1

Confirms Article 20-B encompasses sections 733-739 covering PSE regulation in employment

2

Confirms definition of PSE as any device determining truth/falsity based on vocal fluctuations or stress

3

Confirms PSE was invented by Bell, McQuiston, and Ford at Dektor CI/S in Springfield, Virginia around 1969-70

4
The psychological stress evaluator, technical limitations affecting lie detection
Brenner, M., Branscomb, H. H. (1979) — Polygraph
Verified

Confirms PSE failed to identify deceptive responses beyond chance levels on guilty knowledge test

5
A validity study of the psychological stress evaluator
Lynch, B. E., Henry, D. R. (1979) — Canadian Journal of Behavioral Science
Verified

Confirms PSE could not reliably distinguish truthful from deceptive statements, performing at chance levels

6

Confirms prohibition on employer PSE use with Class B misdemeanor (first offense) and Class A misdemeanor (subsequent)

7

Confirms anti-retaliation protection for employees filing complaints or testifying about Article 20-B violations

8

Confirms prohibition on administering PSE exams within NY for employment outside the state

9

Confirms Class B misdemeanor max 3 months imprisonment, Class A misdemeanor max 364 days

10

Confirms Class B misdemeanor fine max $500, Class A misdemeanor fine max $1,000

11

Confirms Class A misdemeanor can include 2-3 years probation and up to 364 days jail

12

Confirms expanded whistleblower protections including civil penalties up to $10,000

13

Confirms PSE developed to detect stress from vocal utterances, processes voice without attached sensors

14
The Psychological Stress Evaluator: The Theory, Validity and Legal Status
Kenety, William H. (1979) — Indiana Law Journal
Verified

Confirms PSE theory based on FM microtremor measurement and the legal debate surrounding PSE devices

15
The psychological stress evaluator, technical limitations affecting lie detection
Brenner, M., Branscomb, H. H. (1979) — Polygraph
Verified

Confirms PSE failed to detect deception at above-chance levels

16

Confirms PSE achieved only chance-level accuracy with.38 interrater reliability vs GSR at.92

17
A validity study of the psychological stress evaluator
Lynch, B. E., Henry, D. R. (1979) — Canadian Journal of Behavioral Science
Verified

Confirms PSE could not distinguish truthful from deceptive statements at above-chance levels

18
Psychological stress evaluator — two tests of a vocal measure
Brenner, M., Branscomb, H.H., Schwartz, G.E. (1979) — Psychophysiology
Verified

Confirms PSE completely failed to detect deception in guilty knowledge paradigm but measured cognitive stress

19
Voice stress evaluators and lie detection
Harry Hollien (1987) — Journal of Forensic Sciences
Verified

Confirms voice stress analyzers produced correct identifications only at chance levels

20
Vocal Indicators of Psychological Stress
Hollien, H. (1980) — Annals of the New York Academy of Sciences
Verified

Confirms voice stress indicators showed inconsistent effects and poor accuracy near chance levels

21

Confirms EPPA definition of lie detector includes PSE and voice stress analyzers; prohibits most private employer use

22

Confirms EPPA regulations, definitions, and enforcement provisions including civil penalties

23

Confirms NYS DOL enforces state labor laws and can issue fines and investigate complaints

24

Confirms New York does not require licensure to practice polygraph examination

25
Polygraph Testing in Criminal Proceedings: Belgium Analysis
Martin Lore, Dries Van Daele (2023) — European Journal of Crime, Criminal Law and Criminal Justice
Verified

Confirms Belgium conducts over 300 Comparison Question Tests annually for serious criminal offenses

26
Polygraph Testing in Criminal Proceedings: Legal and Criminological-Psychological Analysis (Belgium)
Martin Lore, Dries Van Daele (2023) — European Journal of Crime, Criminal Law and Criminal Justice
Verified

Confirms Belgium formally codified polygraph use in criminal investigations, unique in Western Europe

27

Foundational research relevant to PSE reliability and motivational factors in detection

28
The Psychological Principles of Criminal Interrogation
Brian C. Jayne (1986) — Criminal Interrogation and Confessions, 3rd edition
Verified

Foundational research on interrogation psychology relevant to credibility assessment methods

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