The Employee Polygraph Protection Act (EPPA) of 1988 is a federal law that prevents most private employers from requiring employees or job applicants to take polygraph tests as a condition of employment. This legislation was enacted to protect workers from invasive and often unreliable lie detector tests, which were once a common tool for screening and investigating employees. By setting clear limitations, the EPPA aims to balance employer needs with employee rights, fostering fairness in the workplace.
Before the EPPA, employees were frequently subjected to polygraph tests, often without valid reasons. These tests, which claim to detect deception through physiological responses, have long been criticized for their lack of scientific accuracy and susceptibility to error. Recognizing the potential for abuse, Congress passed the EPPA to restrict polygraph use, requiring employers to adopt more reliable and ethical screening and investigative practices.
Who’s Covered, Who’s Not?
The EPPA protects most employees in the private sector by prohibiting employers from using polygraphs for pre-employment screening or during employment disputes. It also ensures that employees who refuse to take a polygraph test cannot be disciplined or terminated solely for their refusal. However, the act does allow some exceptions:
- Government Employees: Federal, state, and local government employees are not covered by the EPPA. Polygraph tests can be required for roles involving national security or law enforcement.
- Security and Controlled Substances Industries: Private employers in security services, such as those guarding nuclear facilities or transporting valuable assets, may require polygraph tests. Similarly, businesses involved in manufacturing, distributing, or dispensing controlled substances can use polygraphs under strict guidelines when investigating theft or loss.
- Investigations of Workplace Theft: Employers can request a polygraph test if there’s a reasonable suspicion that an employee was involved in theft or embezzlement. However, the request must follow specific EPPA guidelines to ensure fairness.
Can Employees Refuse?
For positions covered under the EPPA, employees have the absolute right to refuse a polygraph test without fear of retaliation. However, in exempt positions or industries, refusal may have consequences. For example:
- Government Roles: In some cases, refusing a polygraph test may lead to disqualification or termination, as polygraphs are often integrated into hiring processes for sensitive roles.
- Private Sector Exceptions: In industries exempt under the EPPA, such as security or controlled substances, an employee who refuses a lawful polygraph request may face termination if the employer complies with EPPA rules.
It’s also important to note that some states impose stricter regulations than the EPPA, further limiting or outright banning polygraph use.
California: The Polygraph-Free Zone
California stands out for its absolute ban on polygraph testing, even for roles that fall under EPPA exemptions at the federal level. Under California Labor Code Section 432.2, employers cannot require, request, or suggest polygraph tests for any position—including armed security guards. Employers in California must rely on alternative screening methods, such as background checks, psychological evaluations, or comprehensive reference checks. States like Massachusetts, Michigan, and New Jersey also impose similar restrictions, making polygraph use nearly impossible.
The Takeaway
The Employee Polygraph Protection Act provides crucial safeguards for workers while still allowing for limited use of polygraphs in high-stakes scenarios. However, the act’s federal guidelines are often superseded by stricter state laws, leaving employers and employees to navigate a patchwork of regulations. Understanding these laws is vital for ensuring compliance and protecting employee rights, whether you’re conducting workplace investigations or managing sensitive roles.
So, next time you’re asked to take a lie detector test—or considering asking someone to take one—remember: the truth about polygraphs is often more complicated than it seems!
Elga Lejarza
Lejarza HR Consulting
