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EPPA - Employer and Employee Rights

Can an employer request that employees or applicants take a polygraph test? 

In general, most federal, state, and local government agencies can request polygraph examinations but most private employers can't; however, there are some exceptions dependant upon the type of employment as explained in the Employee Polygraph Protection Act (EPPA) of 1988.  For legal specifics, read the condensed version of the Federal Employee Polygraph Protection Act (1988) povided by the US Department of Labor, Wage and Hour Division.


EMPLOYEE RIGHTS

EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA, 1988)

The United States Department of Labor, Wage and Hour Division

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

PROHIBITIONS: Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act.

EXEMPTIONS: Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities.

The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms(armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers.

The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a
workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer.

The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests.

EXAMINEE RIGHTS: Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons.

ENFORCEMENT: The Secretary of Labor may bring court actions to restrain violations and assess civil penalties up to $10,000 against violators. Employees or job applicants may also bring their own court actions.

For a complete copy of the EPPA regulations, visit the Department of Labor. 

Contact us for clarifications of the Employee Polygraph Protection Act or to see if you are a candidate to request or take a polygraph examination regarding the workplace. 
 

Call: 757-619-7258 
Fax: 757-282-7844
5900 E. Virginia Beach Blvd., Executive Building, Suite 102, Norfolk, VA 23502 
email: nate.perkins@polyassessment.com

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