Polygraph Test for Employment
The Employee Polygraph Protection Act (EPPA) of 1988 is a U.S. federal law that restricts the use of polygraph testing for employment purposes
Under the EPPA, employers are generally prohibited from requiring or suggesting that employees take a lie detector test. However, there are specific exceptions where polygraph testing is permitted:
Security-Sensitive Positions: Employers in certain security-related sectors, such as those dealing with national security or protecting property, may use polygraph tests. This includes businesses that handle classified information or critical infrastructure.
Controlled Substances: Employers in industries involving the manufacturing, distribution, or dispensing of controlled substances are allowed to use polygraph tests. This includes businesses like pharmaceutical companies and certain healthcare facilities.
Investigation of Theft or Workplace Misconduct: If there is a reasonable suspicion of theft or other significant workplace misconduct, polygraph testing can be used under specific conditions. The test must be conducted by a qualified examiner, and the employer must have reasonable grounds for suspicion related to the specific incident being investigated.
In these cases, the employer must comply with strict regulations, including providing the employee with written notice of the test and requiring his consent, at least 48 hours before the test, ensuring the test is conducted by a licensed examiner, and following proper procedures for handling and reporting results. Employees also have the right to refuse the test without facing retaliation or adverse employment actions.
For more information, waiver, and forms please contact us and we will be happy to guide you through the process.
