Employee polygraph protection act of 1988 the act through the wage and hour division of the employment standards administration. Casesrulings the law offices of andres riveraortiz, p. Compliance assistance the employee polygraph protection act. 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. Congress enacted the employee polygraph protection act eppa. The employee polygraph protection act of 1988 places restrictions on the use of a polygraph or similar instrument except when it is used for. The polygraph as an investigative tool in criminal and private investigations. The eppa prohibits most private employers from using lie detector tests, either for. This law will dictate your use of the polygraph during your. The employee polygraph protection act prohibits most private employers from using lie detector protection act employee polygraph notice washington, d.
Introduction on june 27, 1988, the employee polygraph protection act of 1988 hereinafter eppa or the act became law. 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. Polygraph protection act eppa, equal employment opportunity commission eeoc, americans with disabilities act ada, and other applicable bodies of law. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be. Description of the loss or activity under investigation c. This legislation only affects commercial businesses. Obtain a copy of the employer polygraph protection act of 1988. These are a set of restrictions that apply to private employees unless exemptions exist.
Employees right to privacy and the reliability of the polygraph are the main reasons for the establishment of the act. 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 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. Professional apa polygraph examiners administer hundreds of thousands of polygraph exams each year worldwide.
That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the u. The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or during the course of. Printable federal employee polygraph protection act eppa. The employee polygraph protection act eppa applies to most private employers. The federal employee polygraph protection act, passed in 1988, virtually outlawed using lie detectors in connection with employment. 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 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. Subpart c restrictions on polygraph usage under exemptions 801. The act generally prevents employers engaged in interstate commerce from using lie detector tests either for preemployment screening or. Recent case law under the employee polygraph protection act. 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.
Conference report filed in house 05261988 conference report filed in house, h. The employee polygraph protection act lamarca law group, p. The law does not cover federal, state and local governments. The federal polygraph lawthe employee polygraph protection. Provide the employee with a written statement that includes. The employee polygraph protection act of 1988, 54 mo. 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. Church leaders should be familiar with the main provisions of the federal employee polygraph protection act, since this law may impact churches in. The eppa prohibits most private employers from using lie detector tests, either for preemployment screening or during the course of employment.
Governmental use of polygraph tests, however, is primarily in the field of personnel screening, and to a lesser extent as a tool in criminal and intelligence investigations, but not as evidence at trials. This is a case under the employee polygraph protection act eppa that our firm handled in the u. See meet the parents universal pictures and dreamworks llc 2000. The employee polygraph protection act of 1988 restricts. The copy of the employee polygraph protection act of 1988 eppa is available through the u. On december 27, 1988, the employee polygraph protection act eppa became law. Recent case law under the employee polygraph protection act a. A polygraph, popularly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. Eppa which congress passed on june 27, 1988, and became effective on december 27, 1988 generally acts to prohibit employers from using lie. The employee polygraph protection act of 1988 restricts polygraph testing to from psyc 003 at louisiana state university.
Identification of the company and location of employee b. The use of lie detectors and polygraph tests by employers is regulated by federal law. What does 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, 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. 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. Conference report filed in house 0526 1988 conference report filed in house, h. The federal polygraph lawthe employee polygraph protection act of 1988. The employee polygraph protection act of 1988 restricts polygraph testing to. The united states code is meant to be an organized, logical compilation of the laws passed by congress. William marston, one of the early inventors of the polygraph, is the creator of the comic book character wonder woman.
About the apa the american polygraph association apa is the leading professional polygraph organization in the world, representing more than 2,800 experienced polygraph examiners in private business, law enforcement and government. The predominant reason cited by the cases for denying its admissibility is that the polygraph has not yet met the criterion set forth in frye v. Polygraph protection act claim denied in recent case the. In 1996 steven van aperen was the first victorian police officer to graduate from western oregon university usa as a certified forensic polygraph examiner. As of 20, about 70,000 job applicants are polygraphed by the federal government on an annual basis. The employee polygraph protection act eppa establishes detailed rules that apply to polygraph and lie detector tests. Fundamentals of polygraph practice article pdf available in european polygraph 101 march 2016 with 1,174 reads how we measure reads. This article provides a unique analysis of these cases, examines the major provisions of the act, and provides suggestions for compliance. 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 plac.
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. District court for the eastern district of virginia. Opponents of the act points the discriminatory nature of polygraphs. The polygraph act of 1988 the act prohibits most testing, and establishes guidelines for permitted testing.
This act shall be known and may be cited as the polygraph protection act of 1981. A bill to prevent the denial of employment opportunities by prohibiting the use of lie detectors by employers involved in or affecting interstate commerce. The employee polygraph protection act of 1988 eppa what is eppa. The employee polygraph protection act of 1988 school louisiana state university. Barland, the polygraph test in the usa and elsewhere, in the polygraph test 76 a. The employee polygraph protection act eppa is a federal miscellaneous law poster provided for businesses by the federal department of labor. The act, signed by the president on june 27, 1988, became effective on december 27, 1988. State laws on polygraphs and lie detector tests nolo.
Johnson, comment, banning the truthfinder in employment. The employee polygraph protection act was signed by president reagan in 1988 and established the rules for the administration of polygraph tests. This is a required poster for all federal employers, and any business that fails to post this notification may be subject to penalties or fines this optional poster is for employees to know that they are protected from most employers who use polygraph. Proper penalties when guilty employees are improperly caught kathleen f. Australian polygraph services international about the author. The federal polygraph law castle publications, llc. The following is a brief summary of the essential elements of the law. Pages 10 ratings 100% 1 1 out of 1 people found this document helpful. Employee rights employee polygraph protection act wh1462 rev 0116 the united states department of labor wage and hour division the employee polygraph protection act prohibits most private employers from using lie detector tests either for preemployment screening or during the course of employment. The eppa also protects employees from discrimination in the case that they refuse to take such a test. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. Compliance assistance the employee polygraph protection.
The law established detailed rules that now apply to such tests. 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. Saari filed an action in federal district court, alleging 1 a violation of the employee polygraph protection act eppa, 29 u. Recent case law under the employee polygraph protection. The article discusses the major provisions and implications of the employee polygraph protection act eppa of 1988 in the u. The employee polygraph protection act lamarca law group.
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