Is polygraph testing required as a condition of continued employment?

It is clear that polygraph testing may not be required as a condition of continued employment when an employee is under investigation for suspected criminal activity. (Long Beach City Employees Assn. v. City of Long Beach (1986) 41 Cal.3d 937, 942, 956, 227 Cal.Rptr. 90, 719 P.2d 660.) The Act also applies to employees who are involuntarily reassigned to lower paying positions after engaging in misconduct because such transfers are per se disciplinary or punitive in nature. (Baggett v. Gates, supra, 32 Cal.3d 128, 141, 185 Cal.Rptr. 232, 649 P.2d 874.) ³ It is less clear, however, whether the injunction against polygraph testing applies to employees who are not under investigation for criminal activity and who are seeking promotions rather than trying to avert demotions.