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Under the Employee Polygraph Protection Act of 1988 (EPPA), an individual has the right to take action against a violating employer by filing with the Secretary of Labor. The examinee may recover such legal or equitable relief as may be appropriate, including, but not limited to, employment, reinstatement, promotion, payment of lost wages and benefits, and reasonable costs, including attorney`s fees. Civil penalties may be assessed for not more than $10,000. The U.S. District Court has jurisdiction to issue restraining orders and injunctions. An examinee may bring a private civil action in any Federal or State court of competent jurisdiction. No action may be commenced more than 3 years after the date of the alleged violation. The court has the discretion to allow the prevailing party (other than the United States) reasonable costs, including attorney`s fees.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified employee polygraph testing lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.