Employee Polygraph Protection Act USA

The Employee Polygraph Protection Act (EPPA) is a federal law in the United States that was enacted in 1988. The act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. The EPPA also sets standards and procedures for the administration of polygraph tests by employers who are exempt from the general prohibition, such as those in the security and pharmaceutical industries.

The EPPA has several provisions that employers must follow when administering polygraph tests:

1. Employers are prohibited from requiring or requesting an employee or job applicant to take a lie detector test.
2. Employers are prohibited from using, accepting, referring to, or inquiring about lie detector test results for any employment-related purpose.
3. Employers are prohibited from discharging, disciplining, or discriminating against an employee or job applicant for refusing to take a lie detector test or for exercising other rights under the Act.
4. Employers are required to provide employees and job applicants with a written notice of their rights under the Act before administering a lie detector test.
5. Employers are required to provide the employee or job applicant with a written explanation of the test results, and to allow the employee or job applicant to see the recorded charts and the questions asked during the test.
6. Employers are required to keep records of polygraph tests for a period of 3 years and make them available for inspection by employees and job applicants upon request.
7. The act also provides for penalties, fines and civil remedies for violations of the act.

Employee Polygraph Protection Act History and Amendment

The Employee Polygraph Protection Act (EPPA) was enacted by the U.S Congress in 1988, in response to concerns about the use of lie detector tests by employers, and the potential for abuse and discrimination.

The Act prohibited most private employers from using lie detector tests either for pre-employment screening or during the course of employment. It also established standards and procedures for the administration of polygraph tests by employers who are exempt from the general prohibition, such as those in the security and pharmaceutical industries.

The act was passed by Congress after several years of debate and many versions of the bill, the final version of the bill that was passed, was a compromise of the initial proposals. The EPPA was the first federal law to regulate the use of lie detector tests by private employers.

Since its passage, the EPPA has not been amended, and it still remains in force today. The act has been enforced by the U.S. Department of Labor, which has the authority to investigate complaints of violations and to impose penalties for noncompliance.

Employee Polygraph Protection Act Provisions

The Employee Polygraph Protection Act (EPPA) is a federal law that regulates the use of lie detector tests by private employers. The act has several key provisions that employers must follow when administering polygraph tests:

• Prohibition on Lie Detector Tests: Employers are generally prohibited from requiring or requesting an employee or job applicant to take a lie detector test, or from using, accepting, referring to, or inquiring about lie detector test results for any employment-related purpose.
• Prohibition on Discrimination: Employers are prohibited from discharging, disciplining, or discriminating against an employee or job applicant for refusing to take a lie detector test or for exercising other rights under the Act.
• Notice and Disclosure Requirements: Employers are required to provide employees and job applicants with a written notice of their rights under the Act before administering a lie detector test. Employers are also required to provide the employee or job applicant with a written explanation of the test results, and to allow the employee or job applicant to see the recorded charts and the questions asked during the test.
• Recordkeeping: Employers are required to keep records of polygraph tests for a period of 3 years and make them available for inspection by employees and job applicants upon request.
• Exemptions: The EPPA applies to most private employers, but it does not apply to federal, state, or local governments, or to certain other employers, such as those in the security and pharmaceutical industries, as well as other specific exemptions.
• Penalties: The act also provides for penalties, fines and civil remedies for violations of the act.

The EPPA also created an Office of the Polygraph Protection Program within the Department of Labor, to enforce the provisions of the act, as well as to provide education and technical assistance to employers and employees.

Employee Polygraph Protection Act Responsibilities and Accountabilities

The Employee Polygraph Protection Act (EPPA) imposes specific responsibilities and accountabilities on employers regarding the use of lie detector tests. These include:

1. Employers are responsible for ensuring that they do not use lie detector tests in violation of the Act’s provisions, which prohibit employers from requiring or requesting an employee or job applicant to take a lie detector test, or from using, accepting, referring to, or inquiring about lie detector test results for any employment-related purpose.
2. Employers are responsible for not discharging, disciplining, or discriminating against an employee or job applicant for refusing to take a lie detector test or for exercising other rights under the Act.
3. Employers are responsible for providing employees and job applicants with a written notice of their rights under the Act before administering a lie detector test.
4. Employers are responsible for providing employees and job applicants with a written explanation of the test results, and for allowing the employee or job applicant to see the recorded charts and the questions asked during the test.
5. Employers are responsible for maintaining records of polygraph tests for a period of 3 years and making them available for inspection by employees and job applicants upon request.
6. Employers are responsible for ensuring that they are in compliance with the EPPA’s exemptions and exclusions, such as those in the security and pharmaceutical industries.
7. Employers are responsible for paying penalties, fines and other remedies for violations of the act.
8. Employers are also responsible for cooperating with the Office of the Polygraph Protection Program (OPPP) and other authorized entities in the Department of Labor, to ensure compliance with the act and to provide education and technical assistance to employers and employees.

Employee Polygraph Protection Act Sanctions and Remedies

The Employee Polygraph Protection Act (EPPA) provides for a range of sanctions and remedies for violations of the Act’s provisions. These include:

1. Civil Penalties: The Act authorizes the U.S. Secretary of Labor to bring civil actions against employers who violate the Act’s provisions, and to seek civil penalties of up to $10,000 for each violation.
2. Injunctions: The Act authorizes the U.S. Secretary of Labor to seek injunctions to prevent or remedy violations of the Act’s provisions.
3. Back Pay: The Act allows for reimbursement of lost wages and benefits to employees who were discharged, disciplined, or discriminated against in violation of the Act.
4. Damages: The Act also allows employees or job applicants who were discharged, disciplined, or discriminated against in violation of the act to recover damages, including lost wages, benefits, and compensation for emotional distress.
5. Court of Law: The Act also provides that any person aggrieved by a violation of the act may bring a civil action in an appropriate United States district court or in any other court of competent jurisdiction.
6. Criminal Penalties: The Act also provides for criminal penalties, including fines of up to $1,000 and/or imprisonment of up to one year, for employers who knowingly and willfully violate the Act’s provisions.
7. The Office of the Polygraph Protection Program (OPPP) is responsible for enforcing the provisions of the act, as well as to provide education and technical assistance to employers and employees, and has the power to conduct investigations and audits of employers to determine compliance with the act.

Overall, the EPPA provides a range of sanctions and remedies to ensure compliance with its provisions, including penalties, injunctions, back pay, damages, and criminal penalties. These remedies aim to deter and prevent misconduct by employers, and to ensure that employees’ rights are protected.