Overview of the Polygraph

A polygraph machine records the body's involuntary responses to an examiner's questions in order to
ascertain deceptive behavior. The test measures physiological data from three or more systems of the
human body-generally the respiratory, cardiovascular, and sweat gland systems-but not the voice. There
are other tests that test the voice for deception.

"Polygraph"means literally "many writings," referring to the method of recording several physiological
activities at the same time. William M. Marston invented the first lie detector in 1917. Marston claimed
he could reveal verbal deception by observing levels of systolic blood pressure. However, in 1923, the
D.C. Court of Appeals stated that there was not enough scientific evidence to support Matston's lie
detector machine. Roughly a century later, Leonarde Keeler invented a machine and school for
examiners that paved the way for the modern use of polygraph testing, especially in the legal realm.

Polygraph testing is mainly done for law enforcement, judicial and the private business sector purposes.
Private business sector use of the polygraph is restricted under the Employee Polygraph Protection Act
of 1988 ("EPPA").Employee Polygraph Protection Act, 29 U.S.C. §§ 2001-09 (2002).

Frye v. United States, 54 App. D.C. 46; 293 F. 1013 (D.C. App. 1923).Katherine Ramsland, The Polygraph,
Court TV's Crime Library.

The EPPA's Privacy Protections

The EPPA was enacted to establish guidelines for examination conducted by private commercial
employers, with a few exceptions for positions related to state security and positions under government
contract. Generally, an employer cannot require a pre-employment polygraph test of an applicant. Even
when an employer can request that an employee take a polygraph test, certain criteria must be met. An
employer cannot fire an employee for refusing to take a polygraph test.As an additional safeguard, the
majority of states insist that polygraph examiners qualify for a license to conduct examinations.Some
examples of the variation of state regulation of polygraph testing other than that of theEPPA:

New York."No employer or his agent shall require, request, suggest or knowingly permit any employee
or prospective employee of such employer to submit to a psychological stress evaluator examination
and no employer shall administer or utilize the results of such test within or without the state of New
York for any reason whatsoever." N.Y. Lab. Law § 735.California."No employer shall demand or require
any applicant for employment or prospective employment or any employee to submit to or take a
polygraph, lie detector or similar test or examination as a condition of employment or continued
employment. The prohibition of this section does not apply to the federal government or any agency
thereof or the state government or any agency or local subdivision thereof, including, but not limited to,
counties, cities and counties, cities, districts, authorities, and agencies." Cal. Labor Code § 432.2.