The Employee Polygraph Protection Act prohibits private companies from requiring lie detector tests for job applicants, except for certain circumstances such as government security services or controlled substance manufacturers. Employers must follow strict guidelines if requesting a test for suspected theft, and employees have the right to be notified and provided with explanations and documents. Violations can result in fines and lawsuits.
The Employee Polygraph Protection Act is a United States federal law enacted in 1988 to protect against unwarranted lie detector tests for prospective or current employees of a private company. Strict standards are set in the legislation outlining when polygraph examinations can be conducted and under what circumstances. The Employee Polygraph Protection Act provides exceptions to the law for private companies that perform certain contract work for the government and for companies that manufacture or distribute controlled substances.
Under the Employee Polygraph Protection Act, private companies cannot require a job applicant to take a lie detector test as a condition of employment with the company. Exceptions exist for companies that provide security services to a government agency and contract employees who work in a position that protects public health and safety, such as power plant workers. Companies that manufacture or sell drugs that are considered controlled substances in the United States may also be asked to take a polygraph exam as a pre-employment screening tool.
Once an employee is hired by a private company, the law allows the employer to ask for a lie detector test if the employee is suspected of embezzlement or other theft. However, precise steps must be followed in this type of situation. The employer must explain in writing the reasons for the investigation, the amount of the loss and why the employee is suspected of the crime.
The employee has the right to be notified of the reason for the polygraph and where it will be conducted at least 48 hours before the test. The actual test generally takes at least 90 minutes to be considered reliable. During each step of the process, the employee’s rights should be explained and he or she should be provided with copies of all documents relating to the polygraph examination and the employer’s reasons.
A lie detector test measures a person’s heart rate, breathing, and perspiration. The examiner first uses a series of practice questions designed to cause stress or a neutral reaction to create a baseline measurement of how the test subject responds to a lie or the truth. Proponents of lie detector tests believe that a person is under stress when they lie, and stress can be measured with polygraph instruments. Others believe that some people may fail the test because they lack any moral sense.
The provisions of the Employee Polygraph Protection Act give applicants and current employees certain rights if they violate any part of the Act. For example, they can file a complaint with the US Department of Labor, the agency charged with enforcing the statute and fines violators. An employee can also file a lawsuit against a company if the violations can be proven. He or she can apply to be reinstated as an employee and demand payment of lost wages if he or she was terminated due to a violation of the Employee Protection Act.
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