Employee Polygraph Protection Act of 1988
The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors, and dispensers.
Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer.
Must provide employee with a written statement, in a language understood by them, at least 48 hours before they can be given a polygraph exam.
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The 48- hour notice must at a minimum:
- Identify the specific matter under investigation.
- Give notice to where and when the examination will take place.
- Give notice that the employee has the right to consult with legal counsel or employee representative.
- Give detailed description of the reasonable basis for suspecting the employee of involvement in the matter.
- Give detailed description of the reasonable basis the employee had access to the subject of the investigation.
- Contain the signature of a person authorized to legally bind the employer.
The 48-hour can not include weekends or holidays.