All About the Employee Polygraph

Protection Act (EPPA)

The Employee Polygraph Protection Act (EPPA) is a federal

law that establishes guidelines for employers’ use of polygraph

tests for employment related reasons. In this article, we'll briefly

discuss the scope of and employers' compliance with the EPPA.

As an employer, knowing about this Act is important.

Who the EPPA applies to?

The EPPA applies to most private employers. It does not apply

to employers under local, state and federal governments.

What are the prohibitions of the employers under this Act?

The Act prohibits employers from using lie detector tests on

employees for either pre-employment screening or during the

course of employment. In other words, employers generally

may not require or request any employee or job applicant to take

a lie detector test.

An employer may not discharge, discipline, discriminate

against, deny employment or promotion, or threaten to take any

such action against an employee or job applicant for refusal to

take a test, on the basis of the results of a test, for filing a

complaint, for testifying in any proceeding or for exercising any

rights under the Act

Exemptions under the EPPA

Employers in the private sector may administer polygraph tests,

but no other lie detector tests, to employees suspected, to a

reasonable extent of complicity, in workplace incidents that

result in economic loss to the employer (i.e. theft,

embezzlement, etc.).

Security service employers including security alarm, security

guard, and armored car firms as well as manufacturers,

distributors and dispensers of controlled substances in the

pharmaceutical industry are permitted to administer polygraph

tests, but no other lie detector tests, to job applicants.

What are the employee rights?

The EPPA provides employees the right to employment

opportunities without being subjected to lie detector tests, unless

a specific exemption applies.

Where polygraph tests are allowed, individuals have 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 personnel.

An employee or job applicant may file suit against employers

who violate the Act.

What are the penalties for violations?

Civil penalties are up to $10,000 per violation. An employer

who violates the law may be liable to the employee or job

applicant for legal and equitable relief, which may include

employment, reinstatement, promotion, and payment of lost

wages and benefits.

What must the employer do?

Ensure compliance with EPPA: Employers should comply

with the rules under the EPPA. Adherence to the Act ensures

employers’ legal obligations are met and promotes a positive

workplace environment.

Display compliance posters: As part of measures to be taken

for compliance with the EPPA, employers are required to

display EPPA posters prominently and conspicuously in the

workplace where they can be observed by employees and job

applicants.

Purchase EPPA posters from a reputable compliance

service: Make sure to purchase EPPA posters from a reputable

and experienced compliance service to ensure optimal

compliance.

Labor Law Center provides labor law poster & compliance

solutions to any size business, corporate resellers and

government institutions across the United States since 1999.

Labor law posters at Laborlawcenter.com make it easy for the

businesses to stay compliant with the latest labor laws and

regulations. Also, Laborlawcenter.com offers Texas labor law

posters. To learn more, visit our website.