The employee polygraph protection act eppa applies to most private employers. The law does not cover federal, state and local governments. There is no legislation at this point to control the use of the test or to protect the employees right against the abuse of the test. Recent case law under the employee polygraph protection act a. Integrity tests are an early attempt to detect dishonesty among applicants without having to resort to polygraph testing. The employee polygraph protection act employers are, in many instances, legally liable for the actions, inactions, and behaviors of their employees. Employee polygraph protection act of 1988 the act through the wage and hour division of the employment standards administration. The employee polygraph protection act of 1988 school louisiana state university. The term commerce has the meaning pro vided by section 3b of the fair labor standards act of 1938 29 u. The law bars preemployment testing in banking, retail, and other private industries and also makes it illegal for employers to fire, discriminate. 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. The federal employee polygraph protection act, passed in 1988, virtually outlawed using lie detectors in connection with employment. Washington mutual, is the first in recent memory from a court with jurisdiction over florida. On june 27, 1988, the employee polygraph protection act of.
The law does not cover federal, state, and local government agencies. The employee polygraph protection act eppa is administered and enforced by the wage and hour division whd. 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. The eppa also protects employees from discrimination in the case that they refuse to take such a test. 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. District court for the eastern district of virginia. 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. Opponents of the act points the discriminatory nature of.
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 employee polygraph protection act of 1988 restricts polygraph testing to from psyc 003 at louisiana state university. A bill to prevent the denial of employment opportunities by prohibiting the use of lie detectors by employers involved in or affecting interstate commerce. Indefinitely postponed in senate 0303 1988 measure indefinitely postponed in senate, h.
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. 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. State laws on polygraphs and lie detector tests nolo. Employees in the private sector are not subjected to polygraph exams like employees of the federal government. Employee polygraph protection act law and legal definition. 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. Employment polygraph testing law and legal definition. The employee polygraph protection act of 1988 restricts.
Casesrulings the law offices of andres riveraortiz, p. T he employee polygraph protection act eppa is one of the. The eppa prohibits most private employers from using lie detector tests, either for pre. The eppa prohibits most private employers from using lie detector tests, either for. 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. The employee polygraph protection act eppa prohibits most private employers from. That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the u. These are a set of restrictions that apply to private employees unless exemptions exist. Conference report filed in house 0526 1988 conference report filed in house, h. Before discussing the case, we provide a quick refresher on eppa. Polygraph testing is a fairly new concept in south africa, especially in disputes relating to employment relationships. A refresher on the employee polygraph protection act. Introduction as a society and as human beings, we are inherently fascinated with uncovering the unknown, especially when it involves what those around.
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. Pages 10 ratings 100% 1 1 out of 1 people found this document helpful. 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 term lie detector includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other. The article discusses the major provisions and implications of the employee polygraph protection act eppa of 1988 in the u. 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. The employee polygraph protection act of 1988 restricts polygraph testing to. On december 27, 1988, the employee polygraph protection act eppa became law. Private sector employees are protected by the employee polygraph protection act of 1988 eppa. This legislation only affects commercial businesses. This act shall be known and may be cited as the polygraph protection act of 1981. Unfortunately, the polygraph does not necessarily measure concealed knowledge. Countermeasures and legalities how lie detectors work.
Polygraphing employees a recent eleventh circuit case serves. 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. Recent case law under the employee polygraph protection. The employee polygraph protection act of 1988 eppa what is eppa. The united states code is meant to be an organized, logical compilation of the laws passed by congress. This revision is being made in order to streamline the process by which hearing requests are acknowledged by consolidating all aspects of processing. An amendment to exempt from the bills prohibitions on polygraph tests employers in the security services industry in certain cases by permitting the use of polygraph tests for security guards who deal with the shipment or storage of radioactive or toxic waste, currency, negotiable. The employee polygraph protection act lamarca law group. In the case of an exemption described in subsection e or f.
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. This is a case under the employee polygraph protection act eppa that our firm handled in the u. 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. Description of the loss or activity under investigation c. The act, signed by the president on june 27, 1988, became effective on december 27, 1988. 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. In general, businesses cannot request, suggest or require any job applicant to take a preemployment polygraph examination. 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. 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. Conference report filed in house 05261988 conference report filed in house, h. The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or. Polygraph protection act claim denied in recent case the. The employee polygraph protection act of 1988 generally prevents employers from using lie detector.
The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or during the course of. Compliance assistance the employee polygraph protection. Opponents of the act points the discriminatory nature of polygraphs. Inside the black mirror world of polygraph job screenings. 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. 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. Obtain a copy of the employer polygraph protection act of 1988. The purpose of this document is to change the address which is used to request an administrative hearing on a civil money penalty assessment. Secretary within 90 days after june 27, 1988, including. In either case, such response patterns could lead these individuals to have. Recent case law under the employee polygraph protection act. The polygraph act of 1988 the act prohibits most testing, and establishes guidelines for permitted testing.
As of 20, about 70,000 job applicants are polygraphed by. 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. Court of appeals recently issued a decision addressing an employers requirements under the employee polygraph protection act of 1988. However, there are certain exemptions to this rule. Saari filed an action in federal district court, alleging 1 a violation of the employee polygraph protection act eppa, 29 u. Polygraphing employees a recent eleventh circuit case. 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 landmark caserefusing the admission of polygraph evidence. As of 20, about 70,000 job applicants are polygraphed by the federal government on an annual basis. What does the employee polygraph protection act of 1988. 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. 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. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. The following is a brief summary of the essential elements of the law.
Employee polygraph protection act northern virginia pre. The eppa prohibits most private employers from using lie detector tests, either for preemployment screening or during the course of employment. Provide the employee with a written statement that includes. This article provides a unique analysis of these cases, examines the major provisions of the act, and provides suggestions for compliance. Identification of the company and location of employee b. Application of the employee polygraph protection act of 1988.
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 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 employee polygraph protection act eppa, which became law in 1988, establishes polygraph guidelines and restrictions for commercial businesses. Subpart c restrictions on polygraph usage under exemptions 801. As a result, it is in the best interest of any business owner to be very selective in the hiring process and to maintain an active and careful observation of employees throughout the course of.
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