The Employee Polygraph Protection Act of 1988 prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment, or from discharging, disciplining, or discriminating against an employee or job applicant for refusing to take a test, with only a few exceptions.
Employers are required to display the EPPA poster in the workplace for their employees. An employer that relies on one of the Act’s exceptions, and chooses to request or administer a polygraph test to an employee or applicant must maintain:
- Records of the specific activity or incident the testing is based on
- Notices of the time and place of testing and the employee’s rights
- Copies of reports and other documents provided by the examiner
The Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor enforces the Employee Polygraph Protection Act.