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Synopsis of Law
The EPPA prohibits most private employers from using lie detector tests,
either for pre-employment screening or during the course of employment.
Employers generally may not require or request any employee or job applicant
to take a lie detector test, or discharge, discipline, or discriminate against
an employee or job applicant for refusing to take a test or for exercising
other rights under the Act. Employers may not use or inquire about the results
of a lie detector test or discharge or discriminate against an employee
or job applicant on the basis of the results of a test, or for filing a
complaint, or for participating in a proceeding under the Act. Subject to
restrictions, the Act permits 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 Act also 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. Where polygraph
examinations are allowed, they are subject to strict standards for the conduct
of the test, including the pretest, testing and post-testing phases. An
examiner must be licensed and bonded or have professional liability coverage.
The Act strictly limits the disclosure of information obtained during a
polygraph test.
Compliance Assistance Materials
Workplace Posters Guide Fact Sheets
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