Under the federal Employee Polygraph Protection Act, private
employers* are not allowed to directly, or indirectly, require, request,
suggest, or cause any employee or prospective employee to take or submit to any
lie detector test.
And if the employee refuses the test, the Employer is also
prohibited from terminating, disciplining, discriminating, or even threaten to
do us, against employees for refusing or failing the test.
Any employer who
violates this act is liable to the employee in a private civil action.
There are exemptions to this Act, however. If you are an employee of the Federal, State,
or local government, then this does not apply to your employment, as government
agencies are exempt.
The only time a private employer who is subject to this Act is
allowed to administer a polygraph test, is when:
1. there is there is a workplace
incident that resulted in economic loss to the employer and the employee had
access to the property that is the subject of the investigation; or
2. prospective employees of armored
car, security alarm, and security guard firms; or
3. prospective employees of
pharmaceutical
Otherwise, civil actions may be brought by an employee or prospective
employee in Federal or State court against employers who violate the Act for
legal or equitable relief, such as employment reinstatement, promotion, and
payment of lost wages and benefits, attorneys fees, and reasonable costs. The action must be brought within 3 years of
the date of the alleged violation. Visit us at www.thevargaslawoffice.com.
