The Employee Polygraph Protection Act (EPPA) is a federal law that basically prohibits lie detector tests (like polygraphs) in private employment. The EPPA does not cover public sector employees, like state, county and local government employees.

Although the EPPA basically prohibits lie detector tests in the private sector, there are very limited exceptions in the law that allow private employers to ask, and give, lie detector tests to employees, as long as the employer follows various requirements listed in the EPPA. These requirements are very strict and must be followed by an employer. If an employer fails to follow any of the EPPA requirements, the request, or testing, may be illegal.

One of the limited circumstances where an employer may ask you to take a polygraph test is if it is investigating an “economic loss or injury,” like a theft of property in a warehouse or cash missing from a cash register, for example. If you are asked to take a polygraph test, this is probably the exception that the employer is likely to use to justify its request under the EPPA.

When an employer wants to give a polygraph test because it is investigating an economic loss or injury, the EPPA requires that you be given certain information before you take the test, during the time that you are actually taking the test, and after the test is concluded. Just as an example, at least 48 hours before you are given a polygraph test the employer has to give you a written statement that describes the economic loss that the employer had and the access you had to the property that is missing. That written statement has to be signed by a supervisor and yourself and the written statement must also inform you, in detail, why the employer reasonably suspects that you were involved in the economic loss. Another requirement is that the employer has to provide you with written notice of the date, time and place of the test at least 48 hours before the test. During the polygraph test itself, the polygraph examiner cannot ask you certain questions and there is a time limit on the duration of the test. After the test, an employer cannot take adverse employment action, like firing you, just based on the test results.

There are many other requirements in the EPPA that are beyond the scope of this article. So, if you are employed by a private company and you are asked to take a polygraph test, or other lie detector test, keep in mind that you have strong protections under the EPPA. Make sure that you keep copies of any documents that the employer gives you that are related to the polygraph test. Also, it may be wise NOT to let your employer know that you know about the EPPA, and you should speak to one of our attorneys about your situation.

References:

U.S. Department of Labor: Employee Polygraph Protection Act (EPPA)

29 U.S. Code Chapter 22 – Employee Polygraph Protection

American Polygraph Association – Employee Polygraph Protection Act (EPPA)

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