Employee Polygraph Protection Act
Polygraph Examinations that are conducted in the workplace are according to American Polygraph Association standards in accordance with Federal EPPA Law that was established in 1988. This law established guidelines for the restricted use of polygraph examinations in the workplace.
Who Does This Legislation Effect?
This local legislation affects primarily commercial business. Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school systems or correctional institutions. In addition, there are exemptions in EPPA for some commercial businesses, to include:
- Businesses under contract with the Federal Government involving specified activities (e.g., counterintelligence work).
- Businesses whose primary purpose consists of providing Armored Car Services, Security Guards, Banks, Pharmacies, Government Employees, Facilities which have a significant impact on the health or safety of any state. Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal.
- Companies which manufacturer, distribute or dispense controlled substances.
How Does EPPA affect Pre-Employment Screening?
For preemployment testing under EPPA, refer to the Act for exemptions. Even though an employer may be exempt and able to use preemployment polygraph testing, the guidelines under EPPA still apply. Follow the Checklist for both the employer and examiner use, omitting the step for preparation of the employer’s statement with respect to an ongoing investigation, which would apply for specific testing only. ALL OTHER GUIDELINES WILL APPLY. Download and print work place poster PDF version here. Download the Notice to Examinee, Acknowledgment PDF form here.
- Theft (Trade Secrets, Intellectual Property, Products, Money), Fraud, and Embezzlement