Employee Polygraph Protection Act (EPPA)

By: Janel Lampkin

History of EPPA
Under this law, most private employers are prohibited from using lie detector tests; whether it is
for pre-employment analysis, or during the course of employment. The Employee Polygraph
Protection Act was signed on June 27, 1988, but didnt become effective until December 27th.
Major Details
Employers cannot request, suggest, require, or cause an employee to adhere to a lie detector test.
They are prohibited from using or inquiring about any lie detector test that an employee or
potential employee has taken. It is against this act for an employer to threaten, discriminate
against, discharge, or discipline an employee or potential employee for declining a test, refusing
to discuss a test, or for filing a complaint.
Lie detector tests that are issued by the federal government are exempt when administered to
national security intelligence or counterintelligence employees. State and local governments are
also excluded. Polygraph tests may only be issued in the private sector if under the following
restrictions:

To employees who are sensibly suspected to have involvement in a workplace incident

that gave rise to the employers economic loss and had access to the property that is
under investigation

To employees of armored car, security alarm and security guard firms who protect
facilities, material, or operations affecting health or safety, national security, or currency

and other similar instruments

To employees of pharmaceutical and other firms authorized to manufacture, distribute or
dispense controlled substances who will have direct access to such controlled substances,
as well as current employees who have access to persons or property that are the subject

of an ongoing investigation
An employee or potential employee must be given a written notice explaining their rights.
They may, at any time, decline a test, terminate a test, or refuse to take a test if he or she has
a medical condition.
Who Does the EPPA Impact?
The Employee Polygraph Protection Act directly impacts the employees or potential employees
of a company. This policy insures that they are protected, by law, from being forced to take part

in an employer administered lie detector test; that is, as long as theyre not a part of an ongoing

investigation.
The EPPA also impacts the employers. It controls the amount of power they have over their
employees and potential employees.
Current Story- Harmon v. CB Squared Services
About one year and four months after the plaintiff (employee) started working for CB Squared,
the company inquired that the employee take a polygraph test on the next day. Even though the
company presented the employee with written directions to the office of the polygraph
destination, the plaintiff claims that they did not provide any other documents pertaining to the
polygraph exam. The day after the test, the employee was fired because the results of his test
indicated deception.

Resources

Employability Law- EPPA

Harmon v. CB Squared Services