DEPT. OF MENTAL HEALTH v. TEX. ST. EMP. U.

No. 14460.

708 S.W.2d 498 (1986)

TEXAS DEPARTMENT OF MENTAL HEALTH & MENTAL RETARDATION, et al., Appellants, v. TEXAS STATE EMPLOYEES UNION, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied April 30, 1986.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Lou Bright, Asst. Atty. Gen., Austin, for appellants.

James C. Harrington, American Civil Liberties Foundation of Texas, Inc., Austin, for appellees.

Before POWERS, EARL W. SMITH and BRADY, JJ.


POWERS, Justice.

The Texas Department of Mental Health and Mental Retardation (the "agency") enacted regulations providing that its employees, under certain conditions, may be required to submit to a polygraph examination in the course of an agency investigation of alleged employee misconduct.1 Tex. Civ.Prac. & Remedies Code, chpt. 37 (1986). An employee's refusal to do so may have adverse employment consequences as set out in the...

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