Veazey v. Communications & Cable of Chicago, Inc.

194 F.3d 850 (1999)

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Veazey v. Communications & Cable of Chicago, Inc.

United States Court of Appeals for the Seventh Circuit
194 F.3d 850 (1999)

Facts

Darryl Veazey (plaintiff) was employed by LaSalle Telecommunications, Inc. (LaSalle) (defendant). LaSalle suspected that Veazey had left a threatening anonymous voicemail message for another LaSalle employee, but Veazey denied leaving the message. Two LaSalle employees asked Veazey to record a verbatim transcript of the voicemail message so that LaSalle could create a voice exemplar for testing. Veazey declined to read the message but offered to read a different message. LaSalle suspended Veazey without pay and eventually discharged Veazey for failing to provide the specific requested voice exemplar. Veazey sued LaSalle in federal district court, asserting that LaSalle had violated the Employee Polygraph Protection Act (EPPA) by terminating Veazey based on the refusal to create a specific voice recording. LaSalle moved to dismiss, asserting that although the EPPA prevents employers from administering lie-detector tests, the requested tape recording of Veazey’s voice was not a lie-detector test for EPPA purposes. The district court agreed and dismissed the case. Veazey appealed.

Rule of Law

Issue

Holding and Reasoning (Coffey, J.)

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