Employee Polygraph Protection Act (1988)
10 July 2006Employee Polygraph Protection Act (1988), 29 U.S.C. §§2001-2009
Coverage and Prohibition: All private employers engaged in or affecting commerce are prohibited from: (1) requiring or requesting any employee or prospective employee to submit to any kind of lie detector test (except in the limited circumstances described below); (2) using, accepting, referring to, or inquiring about the results of any lie detector test of any employee or prospective employee; (3) discharging, disciplining, refusing to hire or promote, otherwise discriminating against, or threatening to take such action against an employee or prospective employee who refuses to take a lie detector test or doing any of the same based on the results of a lie detector test; or (4) discriminating against individuals for asserting their own or another person’s rights under this Act. Federal, state, and local governments are not subject to the Act. Also, the Act grants limited exceptions for private employers providing certain security services and employers that manufacture, distribute, or dispense controlled drugs.
Finally, employers may ask (though not require) an employee to take a polygraph test (but not any other kind of lie detector test, such as a voice stress analysis) if: (1) the test is part of an ongoing investigation into theft, embezzlement, sabotage, or similar economic loss; (2) the employee had access to the property that has been lost; and (3) the employer reasonably suspects that the employee was involved in the incident. The Act provides many specific rules for conducting polygraph tests and the use of the results. Employees who take the test may not be discharged or discriminated against solely on the basis of the test results without additional supporting evidence.
Enforcement: The Act is administered by the Secretary of Labor. Employees also are permitted to enforce their rights directly by bringing suit in federal court. The Act does not expressly require employees to exhaust their administrative remedies first.
Remedies: The Secretary of Labor may assess civil penalties of up to $10,000 for violations. In addition, the Secretary may bring suit in federal court to enjoin the employer’s illegal conduct and obtain employment, reinstatement, back pay, and benefits for aggrieved employees and prospective employees. Individuals who sue directly are eligible for the same relief, plus their attorney’s fees.
Related Regulations:
Department of Labor: Application of the Employee Polygraph Protection Act of 1988, 29 C.F.R. Part 801.
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