The Employee Polygraph Protection Act, passed in 1998, protects the employees of nearly all private businesses from being subjected to a lie detector test. The law prohibits employers from screening applicants for a job with a polygraph test, discriminating against them for not taking a polygraph test, or subjecting current employees to a lie detector test.
There are a few cases, though, that the Act does allow employers to subject their employees to lie detector tests. Certain industries, like any government agency on every level, are exempt from the EPPA. Also, many defense or security businesses are allowed to give applicants and employees a polygraph because of the nature of their job. Additionally, some employees of pharmaceutical companies can be given a polygraph test.
Another exception where an employer can administer a polygraph to an employee would be if the employer has reasonable suspicion that the employee was involved in misconduct at the office. If are suspected of embezzlement, fraud, or something similar that causes financial loss or injury to the employer, the employer has every right to subject that employee to a lie detector test.
As would be expected, there are strict guidelines regarding the disclosure of the information obtained from a polygraph test.
If you or someone you love has been subjected to a polygraph test and do not fall into one of the exceptions provided for in the EPPA, you may be entitled to recoup some damages, including lost wages. For more information, contact the Austin polygraph protection attorneys of The Melton Law Firm at 512-330-0017 today.