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Information for Employers

Requesting polygraphs for prospective or current employees is generally prohibited under Federal law. Please contact us before you schedule a meeting or make any statements to employees.

Employee Polygraph Protection Act of 1988

Under the EPPA, it is unlawful for a covered employer to "directly or indirectly, require, request, suggest, or cause any employee . . . to take or submit to any lie detector test." 29 U.S.C. § 2002(1) Violations of this section could subject an employer to a fine of up to $10,000.00 by the US Department of Labor.

Pre-Employment Polygraphs

Pre-employment polygraphs are generally prohibited with limited exemptions for government employers or industries such as security service firms (armored car companies) and pharmaceutical manufacturers, distributors, and dispensers.

Economic Loss Exemption

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.

Employee 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 of Violations of the Act

The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators. Employees or job applicants may also bring their own court actions.

©2021 by Beacon Investigations & Polygraph, LLC

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