Lie Detector Test | Security Reaction

Polygraph Protection Act and Lie Detector Tests

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There have been many times during my adult life that I’ve wanted to hook my wife, kids or employees up to a lie detector test. So what if the results weren’t admissible in a court of law, I just wanted the truth and nothing but the truth. I could handle the truth!

In 1988, the federal government (Democrats!) enacted the Employee Polygraph Protection Act (which I assume would cover wives and children too). The EPPA, which applies to most private employers, took away our right to require employees to submit to lie detector tests. Under most circumstances, an employer may not require or request an employee or job applicant to take a lie detector test. An employer may not inquire about the results of a lie detector test. And, an employer cannot discipline or fire an employee for failing to take a lie detector test. If you are a business owner or an employee involved in the security or pharmaceutical industry, you may be exempt from certain provisions of this act. However, the nature or scope of your work would need to be of such a serious nature, such as security at a nuclear plant, to warrant this exemption.

Lie detector tests may be administered to certain employees when an employer has suffered a direct financial loss as a result of theft, embezzlement, forgery, etc. Such tests are strictly regulated and must include pretest, testing and post-testing phases. The evidence against those being tested should be substantial and include both physical and circumstantial evidence. If a court would likely find the person innocent of the charges against him and he passes a lie detector test, you may find yourself involved in civil proceedings filed by the employee.

In accordance with Wage and Hour Division of the Department of Labor’s Employment Standards Administration, every employer must have posted in a common area a notice explaining the EPPA. Please click the link below to download a color PDF copy of the poster.

Employee Polygraph Protection Act Poster