Section 801.20 - Adverse employment action under ongoing investigation exemption(a) Section 8(a) (1) of the Act provides that the limited exemption in section 7(d) of the Act and § 801.12 of this part for ongoing investigations shall not apply if an employer discharges, disciplines, denies employment or promotion or otherwise discriminates in any manner against a current employee based upon the analysis of a polygraph test chart or the refusal to take a polygraph test, without additional supporting evidence.(b) "Additional supporting evidence", for purposes of section 8(a) of the Act, includes, but is not limited to, the following:(1)(i) Evidence indicating that the employee had access to the missing or damaged property that is the subject of an ongoing investigation; and(ii) Evidence leading to the employer's reasonable suspicion that the employee was involved in the incident or activity under investigation; or(2) Admissions or statements made by an employee before, during or following a polygraph examination.(c) Analysis of a polygraph test chart or refusal to take a polygraph test may not serve as a basis for adverse employment action, even with additional supporting evidence, unless the employer observes all the requirements of sections 7(d) and 8(b) of the Act, as described in §§ 801.12 , 801.22 , 801.23 , 801.24 , and 801.25 of this part.