The united states code is meant to be an organized, logical compilation of the laws passed by congress. 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. Update for the employee polygraph protection act i dont know much about polygraphs, and i dont know how accurate they are, but i do know they scare the hell out of people. Employee polygraph protection act of 1988 eppa prohibits employers from using lie detectors on incumbent workers or to screen applicants exceptions for certain occupations or in connection with an ongoing investigation involving economic loss or injury to the employers business e. Employment polygraph testing law and legal definition. Conference report filed in house 05261988 conference report filed in house, h. Casesrulings the law offices of andres riveraortiz, p. In 1988, lawmakers responded to civil liberty concerns about the abuse of polygraph testing in private industry by passing the employee polygraph protection act 29 u.
Employee polygraph protection act 1988 the employee polygraph protection act is a law that was passed in 1988, which states that no privately or publicly owned business can require an applicant to take a polygraph test, nor can they base a hiring decision on the results of any voluntary polygraph testing. Under the federal employee polygraph protection act of 1988, polygraphs may be used by private employers during investigations involving economic loss or injury to the employers business, theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage. Employee polygraph protection act northern virginia pre. District court for the eastern district of virginia. The employee polygraph protection act eppa prohibits most private employers from. Application of the employee polygraph protection act of 1988. The employee polygraph protection act of 1988 eppa is a united states federal law that generally prevents employers from using polygraph lie detector tests.
The article discusses the major provisions and implications of the employee polygraph protection act eppa of 1988 in the u. Opponents of the act points the discriminatory nature of polygraphs. The term commerce has the meaning pro vided by section 3b of the fair labor standards act of 1938 29 u. The employee polygraph protection act eppa prohibits most private employers from using lie detector tests, either for preemployment screening or during the course of employment. Generally, the statute prohibits employers from requesting, requiring, suggesting or causing any employee to take or submit to any lie detector test. A refresher on the employee polygraph protection act.
This is a case under the employee polygraph protection act eppa that our firm handled in the u. The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or. Polygraphing employees a recent eleventh circuit case. Unfortunately, the polygraph does not necessarily measure concealed knowledge. Washington mutual, is the first in recent memory from a court with jurisdiction over florida. Secretary within 90 days after june 27, 1988, including. Employee polygraph protection act eppa 1988 makes it unlawful for most private secotr employers to require applicants to submit to a lie detector test as a condition for employment, discharge or. This federal law established guidelines for polygraph testing and imposed restriction on most private employers.
Employees right to privacy and the reliability of the polygraph are the main reasons for the establishment of the act. The eleventh circuit court of appeals recently issued a decision addressing an employers requirements under the employee polygraph protection act of 1988 eppa. In either case, such response patterns could lead these individuals to have. The employee polygraph protection act employers are, in many instances, legally liable for the actions, inactions, and behaviors of their employees. The employee polygraph protection act of 1988 restricts polygraph testing to. Countermeasures and legalities how lie detectors work. The employee polygraph protection act of 1988 eppa is a united states federal law that generally prevents employers from using polygraph lie detector tests, either for preemployment screening or during the course of employment, with certain exemptions under eppa, most private employers may not require or request any employee or job applicant to take a lie detector test, or discharge. The federal employee polygraph protection act eppa establishes guidelines for polygraph testing and imposes restrictions on most private employers. On june 27, 1988, the employee polygraph protection act of. Conference report filed in house 0526 1988 conference report filed in house, h. Introduction as a society and as human beings, we are inherently fascinated with uncovering the unknown, especially when it involves what those around. Identification of the company and location of employee b.
Pages 10 ratings 100% 1 1 out of 1 people found this document helpful. The law bars preemployment testing in banking, retail, and other private industries and also makes it illegal for employers to fire, discriminate. These are a set of restrictions that apply to private employees unless exemptions exist. The purpose of this document is to change the address which is used to request an administrative hearing on a civil money penalty assessment.
Employee polygraph protection act law and legal definition. The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or during the course of. Before discussing the case, we provide a quick refresher on eppa. Polygraphing employees a recent eleventh circuit case serves. In general, businesses cannot request, suggest or require any job applicant to take a preemployment polygraph examination. Obtain a copy of the employer polygraph protection act of 1988. The eppa prohibits most private employers from using lie detector tests, either for pre. The employee polygraph protection act of 1988 eppa is a united states federal law that generally prevents employers from using polygraph lie detector tests, either for preemployment screening or during the course of employment, with certain exemptions.
The act, signed by the president on june 27, 1988, became effective on december 27, 1988. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Commentary polygraph protection act claim denied in recent case although we often plead or defend various state law claims ancillary to our moreusual employment discrimination actions, they. The employee polygraph protection act lamarca law group. Recent case law under the employee polygraph protection act. Polygraph protection act claim denied in recent case the. The employee polygraph protection act of 1988 restricts.
T he employee polygraph protection act eppa is one of the. Court of appeals recently issued a decision addressing an employers requirements under the employee polygraph protection act of 1988. This act shall be known and may be cited as the polygraph protection act of 1981. Under the act, the secretary of labor is directed to distribute a notice of the act s protections, to issue rules and regulations, and to enforce the provisions of the act. The employee polygraph protection act eppa, which became law in 1988, establishes polygraph guidelines and restrictions for commercial businesses. It is a test used to verify a persons truthfulness and is often called a lie detector test. The law does not cover federal, state, and local government agencies. Inside the black mirror world of polygraph job screenings. The employee polygraph protection act of 1988 generally prevents employers from using lie detector.
Employee polygraph protection act of 1988 eppa prohibits employers from using lie detectors on incumbent workers or to screen applicants exceptions for certain occupations or in connection with an ongoing investigation involving economic loss or injury to. The polygraph act of 1988 the act prohibits most testing, and establishes guidelines for permitted testing. Private sector employees are protected by the employee polygraph protection act of 1988 eppa. This revision is being made in order to streamline the process by which hearing requests are acknowledged by consolidating all aspects of processing. The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exemptions. The employee polygraph protection act of 1988 scholarly. State laws on polygraphs and lie detector tests nolo. The eppa prohibits most private employers from using lie detector tests, either for preemployment screening or during the course of employment. The employee polygraph protection act of 1988 school louisiana state university. It does not affect government agencies, public agencies, or businesses which are exempt due to certain services provided or contracts established with the federal government. The employee polygraph protection act of 1988 eppa inhibits employers from using lie detector tests, either for preemployment screening or during the course of employment, with certain exemptions. Saari filed an action in federal district court, alleging 1 a violation of the employee polygraph protection act eppa, 29 u. The federal employee polygraph protection act, passed in 1988, virtually outlawed using lie detectors in connection with employment. The employee polygraph protection act eppa applies to most private employers.
A study carried out for the department of defenses polygraph institute in 1990 showed that innocent black polygraph examinees were more likely to suffer false positives than innocent whites. The employee polygraph protection act of 1988 eppa generally prevents employers from using lie detector tests, either for preemployment screening or during the course of employment, with certain exemptions. In the case of an exemption described in subsection e or f. The landmark caserefusing the admission of polygraph evidence.
Employees in the private sector are not subjected to polygraph exams like employees of the federal government. Description of the loss or activity under investigation c. The employee polygraph protection act of 1988 restricts polygraph testing to from psyc 003 at louisiana state university. Employee polygraph protection act eppa 1988 makes it unlawful for most private secotr employers to require applicants to submit to a lie detector test as a condition for employment, discharge or discipline an employee. The following is a brief summary of the essential elements of the law. The employee polygraph protection act of 1988 eppa what is eppa. Compliance assistance the employee polygraph protection. On december 27, 1988, the employee polygraph protection act eppa became law. Recent case law under the employee polygraph protection act a. The act permits polygraph a kind of lie detector tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms e.
The term lie detector includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other. Subpart c restrictions on polygraph usage under exemptions 801. Integrity tests are an early attempt to detect dishonesty among applicants without having to resort to polygraph testing. Provide the employee with a written statement that includes. The department of labor administers and enforces the employee polygraph protection act of 1988 the act through the wage and hour division of the employment standards administration. This article provides a unique analysis of these cases, examines the major provisions of the act, and provides suggestions for compliance. The eppa also protects employees from discrimination in the case that they refuse to take such a test. That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the u. The act attempts to resolve many of the conflicts which surround polygraphs by banning the machines use except in narrow cases where such use is deemed justified. Indefinitely postponed in senate 0303 1988 measure indefinitely postponed in senate, h. Opponents of the act points the discriminatory nature of. Employee polygraph protection act of 1988 the act through the wage and hour division of the employment standards administration. The history of polygraphs and the employee polygraph protection act of 1988 since the late 1970s, the number of polygraph examinations given in the united states had risen dramatically.
However, there are certain exemptions to this rule. The employee polygraph protection act was signed by president reagan in 1988 and established the rules for the administration of polygraph tests. The employee polygraph protection act eppa is administered and enforced by the wage and hour division whd. This legislation only affects commercial businesses. Recent case law under the employee polygraph protection.
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