The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

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PROHIBITIONS

EXEMPTIONS

EXAMINEE

RIGHTS

Employers are generally prohibited from requiring or requesting

any employee or job applicant to take a lie detector test, and from

discharging, disciplining, or discriminating against an employee or

prospective employee for refusing to take a test or for exercising other

rights under the Act.

Federal, State and local governments are not affected by the law. Also,

the law does not apply to tests given by the Federal Government to

certain private individuals engaged in national security-related activities.

The Act permits polygraph (a kind of lie detector) tests to be administered

in the private sector, subject to restrictions, to certain prospective

employees of security service firms (armored car, alarm, and guard), and

of pharmaceutical manufacturers, distributors and dispensers.

The Act also permits polygraph testing, subject to restrictions, of certain

employees of private firms who are reasonably suspected of involvement

in a workplace incident (theft, embezzlement, etc.) that resulted in

economic loss to the employer.

The law does not preempt any provision of any State or local law or any

collective bargaining agreement which is more restrictive with respect to

lie detector tests.

Where polygraph tests are permitted, they are subject to numerous strict

standards concerning the conduct and length of the test. Examinees

have a number of specific rights, including the right to a written notice

before testing, the right to refuse or discontinue a test, and the right not

to have test results disclosed to unauthorized persons.

ENFORCEMENTThe Secretary of Labor may bring court actions to restrain violations and

assess civil penalties against violators. Employees or job applicants may

also bring their own court actions.

THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER

WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.