(a) Effective December 27, 1988, the Employee Polygraph Protection Act of 1988 (EPPA or the Act) prohibits most private employers (employers at the federal, state, and local levels are exempt from the Act) from using lie detection tests either for pre-employment screening, or during employment. Polygraph tests, but not other types of lie detector tests, are allowed under certain circumstances and under certain conditions. The purpose of this Part is to lay down detailed rules for the application of the provisions of the EPPA. If your employer asks you to take a lie detector test – or if an employer you want to work for does so – you can choose to stick to it or refuse. Keep in mind that it is illegal for most employers to ask candidates to make a polygraph. But even if it`s legal, you still don`t need to take one as part of the application process; You have the right to refuse. If you refuse and the employer is entitled to ask you to take one, the employer will not be able to hire you. Before starting the lie detector test, the employee is legally entitled to basic information about the reason for the test. If it is an alleged crime, the employee must be informed of the incident under investigation.
This includes what happened, whether there was a loss or injury in the situation, what was caught or disappeared, why the employee was likely involved, etc. If an employer violates any of the above-mentioned laws, the Secretary of Labour may take legal action to curb the violations and impose civil fines of up to $10,000 per violation. An employer who violates the law may also be held liable to the employee or potential employee for legal and equitable remedies, including employment, reinstatement, promotion, and payment of lost wages and benefits. The Employee Polygraph Protection Act of 1988 (EPPA) is a U.S. federal law that generally prevents employers from using polygraph tests (lie detectors), either for pre-employment screening or during employment, with a few exceptions. The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detection tests, either for pre-employment screening or during employment. As a general rule, employers cannot require or require an employee or candidate to take a lie detector test or to dismiss, discipline or discriminate against an employee or candidate for refusing to take a test or exercise other rights under the law. Employers may not test the results of a lie detector test or the dismissal or discrimination of an employee or candidate on the basis of the results of filing a complaint or participating in a procedure provided for by law. Subject to restrictions, the law allows polygraph testing (a type of lie detector) to be performed for certain applicants from security service companies (armored cars, alarms and protectors), as well as for pharmaceutical manufacturers, dealers and donors. The EPPA applies to most private employers, but it does not apply to federal, state, or local agencies.
That is, if you apply for a government job, you may be asked to do a polygraph; In this case, it`s probably legal. However, you have the choice not to accept it (although your decision may influence whether you actually get the job). Since their inception in 1921, polygraphs have been used by many people in many situations. While they can be used to determine whether someone is truthful or not, there are limitations to how polygraph tests can be used in a private workplace. To protect employees from unnecessary lie detector testing, the U.S. Congress passed the Employee Polygraph Protection Act in 1988. The EPPA provides that workers are entitled to employment opportunities without being subjected to lie-detection tests, unless a specific exemption applies. This means that if your employer wants you to take a polygraph test, they need to prove how necessary it is for your job. Otherwise, EPPA grants employees the right to take legal action for violating the law. In addition, the Payroll and Hours Department receives complaints about alleged violations of the EPPA. If you need more information about lie detector tests for employment, you can read more about EPPA on the U.S. Department of Labor website.
You can also consult this eppa factsheet. When can an employer ask an employee or job applicant to take a lie detector test? The Employee Polygraph Protection Act (EPPA) of 1988 is a federal law that prohibits most private employers from giving lie detection tests to employees, whether used for pre-employment screening or during employment. Employers generally can`t even require an employee to take a lie detector test, let alone require it. There is one law that prohibits most private employers from using polygraphs when hiring – this is the Employee Polygraph Protection Act, or EPPA. The law states that employers generally cannot (or even require) a candidate to take a lie detector test. (The law also states that employers cannot use polygraphs to dismiss, discipline, or discriminate against an employee who refuses to take one.) Most other pre-employment tests are not limited in the same way as lie detector tests. These tests range from physical fitness tests to drug tests to personality tests. Most of them are legal and are not severely restricted. They are only illegal if the company uses the test to discriminate against candidates based on their age, race, color, gender, national origin, religion, or disability. Learn more about pre-employment tests other than lie detectors here.
In addition, employers who break the law may be held liable to you, the potential employee, for “legal and equitable remedies.” It can even mean a job – although every case is different and it doesn`t mean the employer has to hire you. (Another thing to keep in mind: Would you want to work for an employer who violated the EPPA before they were even hired for a job? What would the working conditions look like after you were hired?) The EPPA prohibits most private employers from using lie detection tests, either for pre-employment screening or during employment. Employers generally cannot require or require a candidate or employee to take a lie detector test or dismiss, discipline or discriminate against an employee or candidate for refusing to take a lie detector test. Employers are also not legally able to request the results of a lie detector test. This is the case for most private employers. The EPPA claims that workers at most companies are legally entitled to a job without expecting to have to pass a lie detector test. For companies authorized to perform tests, there are strict regulations before, during and after the test. For example, employees must be informed in advance of the test and certain information must be recorded. The polygraph examiner must also be certified if the State where the examination takes place so requires. However, there are exceptions to the EPPA. For example, security companies (such as alarm companies) and pharmaceutical manufacturers, distributors and pharmacies are not covered by this law. They are allowed to use lie detector tests on employees, although there are restrictions on how they can use the tests.
Here`s a basic guide to the Employee Polygraph Protection Act: If an employer breaks the law, the U.S. Secretary of Labor can sue them. Employers may even be ordered to pay civil penalties, i.e. they may have to pay fines for violating the law. If the employee lives in a state or local area that has even stricter rules regarding lie detectors, their employee must follow those stricter rules. Employees can also come forward if an employer or potential employer violates any part of the law. You can file a civil lawsuit against the employer in federal or state courts. However, you must do so within three years of the violation.
Related: The Five Most Common Ways Employers in California Violate Wages and Hours Laws The Wages and Hours Division of the Employment Standards Administration administers and enforces the law. More detailed information, including copies of explanatory brochures and regulatory and interpretive documents, can be obtained from your local payroll and scheduling office. Information on compliance support can be found on the Payroll and Hours website. In addition, employers must place a sign in the workplace that explains the SIPP for their employees.
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