Labor Law

The Employee Polygraph Protection Act – Is a Polygraph Test Necessary?

The Employee Polygraph Protection Act (EPPA) is a federal law that protects employers from violating the civil rights of employees. It was passed in 1988 and has since become one of the most important pieces of labor law in recent years. However, there are certain exceptions to this general rule, and employers must abide by them if they want to test employees. For example, an employer cannot use a polygraph to determine whether an employee is cheating.

Types of employers

The law allows certain types of employers to request polygraph tests. Under the Act, a company can request such a test when it’s deemed necessary to protect the interests of the company or a particular individual. For example, an employer can conduct a polygraph test if they suspect an employee is involved in an ongoing investigation of a crime or injury to the employer. This includes theft, embezzlement, misappropriation, and unlawful industrial espionage. However, the EPPA does not apply to disciplinary actions or discrimination.

Employee misconduct

Under the EPPA, an employer can only require employees to take a polygraph test if the test is necessary to protect the company. The Act also prohibits employers from using a polygraph test if it is used to determine employee misconduct. For example, if an employer is investigating an employee’s conduct, a polygraph test may be necessary for the investigation. The EPPA has many exceptions, but it’s important to remember that a polygraph test is not required for every situation.

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