The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. The law does not cover federal, state, and local governments.
Employers generally may not require or request an job applicant or employee to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a lie detector test.
Exceptions to The Employee Polygraph Protection Act (EPPA)
Lie detector tests can be administered under the following circumstances:
- Polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors and dispensers.
- Subject to restrictions, the Employee Polygraph Protection Act permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer.
Compliance Assistance
If you believe you have been discriminated against, assistance is available from the US Department of Labor.
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