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Home My Public Portal AboutEmployee Polygraph Protection AcrEMPLOYEE RIGHTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests eitherfor pre -employment screening or during the course of employment. PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or Job applicant to take a Ile detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act. EXEMPTIONS Federal, State and local governments are not affected by the law`rAlso, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security -related activities. The Act permits polygraph (a kind of Ile detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers. 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. The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to Ile detector tests. EXAMINEE 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 The Secretary of Labor may bring court actions to restrain violations and assess civil penalties up to 510,000 against violators. Employees or job applicants may also bring their own court actions. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. Scan your OR phone reader to loam more about the Employee Polygraph Protection Act U.S. Department of Labor I Wage and Hour Division Vr)C 1462 Rev. Jan 2012 Employment Law Guide - LIEDETECTOR TESTS Page 1 of 2 U.S. Department of Labor Office of the Assistant Secretary for Policy www,dol.gov/asp Searc Find It!: By Topic 1 By Audience 1 By Top 20 Requested Items 1 By Form 1 By Organizatio May 11, 2005 DOL_ Home > OASP > Employment Law Guide > Lie Detector Tests Employment Law Guide Lie Detector Tests In This Cl Employee Polygraph Protection Act of 1988 (EPPA) (29 USC §2001 et seq.; 29 CFR 801) Who is Covered The Employee Polygraph Protection Act (EPPA) applies to most private employers. The law does not cover federal, state and local governments. Basic Provisions/Requirements • Who Is Covered u Basic Provisions/ ® _Employee Rights a Compliance Assi Available u Penalties/_Sanctic • Relation to State Other Federal La The EPPA prohibits most private employers from using lie detector tests, either for pre -employment scrc during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector tes discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercisi under the Act. Employers may not use or inquire about the results of a lie detector test or discharge or discriminate ag employee or job applicant on the basis of the results of a test, or for filing a complaint, or for participati proceeding under the Act. Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to cer applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacture and dispensers. Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who suspected of Involvement in a workplace Incident (theft, embezzlement, etc.) that resulted in specific ec injury to the employer. Where polygraph examinations are allowed, they are subject to strict standards for the conduct of the ti the pretest, testing and post -testing phases. An examiner must be licensed and bonded or have profess coverage. The Act strictly limits the disclosure of information obtained during a polygraph test. Employee Rights The EPPA provides that employees have a right to employment opportunities without being subjected tc tests, unless a specific exemption applies. The Act also provides employees the right to file a lawsuit for the Act. In addition, the Wage and Hour Division accepts complaints of alleged EPPA violations. Compliance Assistance Available http://www.dol.gov/asp/programs/guide/eppa.htm 5/11/2005 Employment Law Guide - LIE DETECTOR TESTS Page 2 of 2 The Wage and Hour Division of the Employment Standards Administration administers and enforces the detailed information, including copies of explanatory brochures and regulatory and interpretative mated obtained from the local Wage and Hour offices. Compliance assistance information may be found on the Hour Division's Web site. Penalties/Sanctions The Secretary of Labor can bring court action to restrain violators and assess civil money penalties up b violation. An employer who violates the law may be liable to the employee or prospective employee for equitable relief, including employment, reinstatement, promotion and payment of lost wages and benefi Any person against whom a civil money penalty is assessed may, within 30 days of the notice of assess a hearing before an administrative law judge. If dissatisfied with the administrative law judge's decision may request a review of the decision by the Secretary of Labor. Final determinations on violations are e through the courts. Relation to State, Local and Other Federal Laws The law does not preempt any provision of any state or local law or any collective bargaining agreemen restrictive with respect to lie detector tests. The Employment Law Guide is offered as a public resource. It does not create new legal obligations ano substitute for the U.S. Code, Federal Register, and Code of Federal Regulations as the official sources o law. Every effort has been made to ensure that the information provided is complete and accurate as o1 publication and this will continue. Later versions of this Guide will be offered at www.doLgov/comp_lianc our toll -free service at 1-866-4-USA-DOL (1-866-487-2365). Table of Contents Q Back to.T Frequently Asked Questions 1 Freedom of Information Act 1 Customer Survey Privacy & Security Statement 1 Disclaimers 1 E-mail to a Friend U.S. Department of Labor 1 - Frances Perkins Building TTY: 200 Constitution Avenue, NW Washington, DC 20210 http://www.dol.gov/asp/programs/guide/eppa.htm 5/11/2005