The Specific Incident Exemption of the Employee Polygraph Protection Act: Deceptively Straightforward I. Employers are not allowed to suggest, request, or require that an employee or potential employee take any kind of polygraph (or lie detector) examination. 1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, Fact Sheet #36: Employee Polygraph Protection Act of 1988, Employee Polygraph Protection Act of 1988, Severe Storm and Flood Recovery Assistance. Only provide information relevant to the original purpose of the test to the employer. U.S. Code ; Notes ; prev | next (a) No application to governmental employers. There are exceptions. (a) In general. 2006. Restrictions on use of exemptions; 29 U.S. Code § 2007. Exemptions. Ensure that there is a signed statement of advance notice provided to the employee. screening or during the course of employment. The surveys cover apprenticeship programs, private employers, state and local governments, labor unions, secondary and elementary schools, and Colleges and Universities. Every employer shall maintain and post notice in obvious spots on its grounds where notices are usually posted. Have it signed, timed and dated. Duffy, Patrick J. CUPA Journal, v40 n2 p29-42 Sum 1989. Use, accept, refer to, or inquire about the results of any lie detector test of an employee or prospective employee. The Employee Polygraph Protection Act (EPPA) permits consensual polygraph testing of employees as part of an "ongoing investigation involving economic loss or injury to the employer's business". WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. he Employee Polygraph Protection Act (“EPPA”) is one of the least-known federal workplace statutes, yet its broad prohibitions have virtually eliminated polygraph exams from the workplace. The Employee Polygraph Protection Act of 1988. Under 1967’s Age Discrimination in Employment Act, a complaint against federal agencies or departments are required to be filed with the director of equal employment opportunity, head of that agency, head of an Equal Employment Opportunity Commission (EEOC) field office, or other official (designated by the agency). Violation of the law results in a ten-thousand dollar penalty for EACH individual violation of the law. Recent Case Law Under the Employee Polygraph Protection Act: A Practical Review AMY ONDER AND MiCHAEL BRiTTAN This article discusses the most recent case law and provides employer guidelines for complying with the Employee Polygraph Protection Act. Employee Polygraph Protection Act (EPPA) What is EPPA? How does the Employee Polygraph Protection Act help job applicants and company employees maintain their privacy? Conduct additional interviews of the employee prior to any adverse action after a polygraph test. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions. Exemptions in Employee Polygraph Protection Act: Polygraph tests, in general, are not allowed to be required, suggested, or requested by an employer or potential employer. L. 100–347, §1, June 27, 1988, 102 Stat. Notice of protection. 4. p.usa-alert__text {margin-bottom:0!important;} That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the U.S. mail, or a telephone system to send messages to someone in another state. EMPLOYEE POLYGRAPH PROTECTION ACT § 2001. 29 U.S.C. §2002. Employers generally may not require or request any job applicant to take a lie detector test, except for certain occupations. (c) Private civil actions. How did the decision of the US Supreme Court in the case of Katz v. United States change the concept of privacy? THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER . The Act also prohibits employers from inquiring or accepting the results of such tests. Subject to some very limited exemptions, the Employee Polygraph Protection Act of 1988 (EPPA) makes it unlawful for any employer engaged in or affecting commerce to, directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test. 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 pre-employment screening or during the course of employment, with certain exemptions. For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). ; 29 CFR Part 801) Who is Covered. Exemptions; 29 U.S. Code § 2006. prohibits most private employers from using . That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the U.S. mail, or a telephone system to send messages to someone in another state. That is two times as many as 1998, which was when the EEOC last issued retaliation guidance. Give the employer a photocopy of Employee Polygraph Protection Act guidelines. issue regulations as necessary or appropriate to enforce this Act, coordinate with local, regional, local, State, and other agencies, furnish specific assistance to private employers, employment agencies, and labor organizations, effectuating the purposes of this Act, make investigations and inquiries and require the keeping of documentation necessary or appropriate for the administration of this Act. 2. Want High Quality, Transparent, and Affordable Legal Services? Then have the examinee write out their replies and sign the question sheet. Subject to some very limited exemptions, the Employee Polygraph Protection Act of 1988 (EPPA) makes it unlawful for any employer engaged in or affecting commerce to, directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test. The Employee Polygraph Protection Act was signed by President Reagan in 1988 and established the rules for the administration of polygraph tests.8 min read. Give a photocopy of documents to the employee upon request. PROHIBITIONS . The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. The EEOC collects information through six employment surveys. Discharge, discipline, discriminate against, deny employment or promotion, or threaten to take any such action against an employee or prospective employee for refusal to take a test, on the basis of the results of a test, for filing a complaint, for testifying in any proceeding or for exercising any rights afforded by the Act. o (c) Private civil actions. Give the Department of Labor with copies of the same, within 72 hours, at the request of the Secretary of Department of Labor, or other authorized person of Department of Labor. Share the results of the test with the employee and allow them an opportunity to explain any reactions. A corporate attorney should review actions to assure compliance with the Employee Polygraph Protection Act. These lie detectors are electrical or mechanical devices that records various changes in physical changes to make a diagnostic determination about the genuineness of someone. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions. EMPLOYEE POLYGRAPH PROTECTION; Section 2006.