Did you know that the Employee Polygraph Protection Act (EPPA), also known as the Polygraph Law, prohibits polygraph tests by private employers, except in very limited circumstances?
1
What is the EPPA?
Every year thousands of employees are asked to take a polygraph test. Unfortunately, most of them do not have a legal representative, and do not know their legal rights. Many of them are honest and truthful but fail to pass the polygraph test due to medical, emotional, or other reasons. That is why it is very important that employees that are requested to take a polygraph test by a private employer, or who are given one, should contact a lawyer to learn of their rights. The EPPA imposes strict requirements before private employers can request an employee to take a polygraph test, and in those situations where they can ask an employee to do so, strict requirements that an employer must follow before, during, and after the test. If an employer fails to follow just one of the EPPA requirements, the polygraph test is illegal and the employer may be subject to legal liability. The EPPA is a strong tool for employees to fight back if they are asked to take, or given, a polygraph test.
2
What must an employer show to give you a polygraph test?
Three things: (1) that it suffered an economic loss or injury, (2) that you, the employee, had access to the property or item, and (3) that it has reasonable suspicion that you were involved in the economic loss or injury. Even if an employer satisfies these requirements, it must still follow strict requirements before, during, and after the polygraph test.
3
What can you do if the employer violates the EPPA
You can file a legal action in state or federal court, or file a complaint with the U.S. Department of Labor.
Comments - add comment