EPPA | Crosspoint Solutions

EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)
Section 801.12 of the Federal Registrar 1988

The Employee Polygraph Protection Act (EPPA) is a federal law in the United States designed to safeguard the rights of employees by restricting the use of lie detector tests by employers. Enacted in 1988, the EPPA prohibits most private employers from using polygraph tests for pre-employment screening or during the course of employment. The law aims to promote fairness and protect the privacy of employees, establishing guidelines for the administration of polygraph examinations, disclosure of information, and the rights of individuals subjected to such tests. The EPPA underscores the importance of maintaining a balance between workplace security concerns and the fundamental rights and dignity of employees.

CAN I AS AN EMPLOYER ASK AN EMPLOYEE TO TAKE A POLYGRAPH TEST?

Yes, under certain conditions an employer may request that an employee submit to a polygraph

examination. The provided information will guide you as an employer with the necessary steps in order

for you, the employer, to ask an employee to take a polygraph test. All guidelines must be met and

should be strictly adhered to in order to avoid any unnecessary legal actions against the employer and

business.

THE FOLLOWING QUESTIONS MUST BE ANSWERED AS "YES" BY THE EMPLOYER IN ORDER

FOR A EMPLOYEE TO BE ASKED TO SUBMIT TO A POLYGRAPH TEST:

Question 1:

Is the individual in question a current employee working under the employer? If so, EPPA guidelines apply.

Question 2:

Is there a prominently displayed poster at the workplace outlining the EPPA rules for all employees to review?

Question 3:

Can the employer document an ongoing investigation demonstrating specific economic loss or injury, which can be either direct (e.g., theft, embezzlement) or indirect (e.g., money laundering)?

Question 4:

Does the employer have a legitimate internal investigation in progress that will reveal a particular loss or injury?

Investigative Questions to Ask.

Question A:

Does the employee being investigated have access to the areas, objects, or equipment relevant to the loss or injury under investigation?

Question B:

Can the employer articulate in detail reasonable suspicion, derived from the ongoing investigation, explaining why they suspect a specific employee of causing the loss or injury?

Question C:

Has the employer provided the polygraph examiner with a comprehensive list of all potentially suspicious individuals, including those with access to the site in question or knowledge of the loss or injury?

It is crucial for employers to adhere strictly to these guidelines to avoid legal consequences. Employers considering polygraph examinations should engage experienced examiners, such as Executive Protection Group Polygraph Service, with a proven track record in handling federally protected polygraph examinations, especially those involving complex legal and sensitivity issues.