The Employee Polygraph Protection Act Of 1988 (EPPA)

Thanks to Hollywood, most of us are familiar with lie detector tests. Many police dramas have a scene with a suspect sitting in a small, drab room. They’re hooked up to a machine while a bookish technician asks them questions. In the real world, most of us will never have to take a lie detector. However, our boss may tell us we have to take one. Fortunately, labor laws limit when your boss can require these tests.

The use of polygraph tests is controversial. Federal and state laws prohibit their use by most private employers. As an examinee, you have rights in cases where a polygraph is allowed. If you think your boss is breaking the law by making you take a polygraph test, it’s a good idea to talk to an employment law attorney in your area.

What Is a Polygraph Test?

Generally, a lie detector test records physical changes in the person taking it. The idea is that these bodily changes can indicate when someone is lying. A polygraph test is a type of lie detector test. Other lie detector tests include voice stress analyzers and psychological stress evaluators.

What Is the Employee Polygraph Protection Act?

The Employee Polygraph Protection Act of 1988 (EPPA) is a federal law that restricts when an employer can make you take a lie detector test. The EPPA protects job applicants and current employees and applies to most private employers.

Your employer can’t make you or request that you take a polygraph. They cannot use lie detector tests as a method of pre-employment screening for prospective employees. They also cannot fire, discipline, or discriminate against you for refusing to take the test.

Your employer cannot inquire about the results of any lie detector test you have taken. They also cannot fire or discriminate against you based on the results of a lie detector test. The EPPA also prohibits your boss from retaliating against you for filing a complaint under the act. The U.S. Department of Labor (DOL) is the federal agency responsible for enforcing the EPPA.

When Can My Employer Make Me Take a Lie Detector Test?

The EPPA allows the use of lie detector tests in certain situations. It only applies to private-sector employers. Federal, state, and local governments aren’t subject to the law. The EPPA also includes the following exemptions for some private employers:

• Businesses that contract with the federal government for national security-related activities
• Businesses that significantly affect the health or safety of any state, including armored cars, nuclear or electric power plants, law enforcement, and security service businesses
• Businesses that manufacture, distribute, or dispense controlled substances

The EPPA also allows your employer to give you a lie detector test if it has a reasonable suspicion that you were in a workplace incident. The test must be part of a specific, ongoing investigation. There must also have been an economic loss to your employer. Examples include theft and embezzlement.

What Are My Rights When I Have to Take a Lie Detector Test?

Your employer must follow strict guidelines when it gives you a lie detector evaluation under one of the EPPA’s exemptions. These include giving you written notice of the examination date, time, and place. Your employer must provide a written statement if the test is for an incident that caused economic loss. The written statement must include the following information:

• Details about the specific economic loss to your employer
• A description of your access to the property that’s the subject of the investigation
• A description of why your employer suspects you were involved in the incident
• The signature of someone who is authorized to bind you legally (not the polygraph examiner)

Contact an Employment Lawyer for Help

The EPPA prohibits most private-sector employers from requiring current employees to take a polygraph examination. It also doesn’t allow using these tests as a condition of employment. However, you may have to take the test in certain circumstances.

Fortunately, your employer must follow strict standards when you take the test. You should talk to an employment lawyer if your boss forces you to take a lie detector test. A lawyer can protect your rights under federal and state laws.