Employee Polygraph Protection Act aka “lie detector test”

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.