Who Can Take A Polygraph Test?

By Ashley Mazerolle, Marketing –

The EPPA restricts employer use of polygraphs, with exceptions for certain jobs and investigations.

The Employee Polygraph Protection Act (EPPA) of 1988 prevents most employers from requiring job applicants or employees to take a lie detector test, also known as a polygraph. This law also stops employers from taking actions like firing, demoting, or disciplining someone based on the results of a polygraph test.

Some states have their own additional rules about how and when employers can use polygraph tests on employees.

EPPA Exceptions

There are two main exceptions to this rule.

First, certain jobs, like law enforcement and security positions, can require applicants or employees to take a polygraph. Workers in the pharmaceutical industry, especially those who handle drugs, may also be required to take one.

Second, employers can use polygraphs in an investigation if they suspect an employee of theft or another financial loss. However, this can only happen if the employee had access to what was stolen and the employer has a reasonable suspicion that the employee was involved. For example, if $1,000 goes missing from a company safe that only two employees have access to, those two can be asked to take a polygraph.

Polygraph Guidelines

The EPPA sets rules about who can administer polygraph tests, what questions can be asked, and how the results can be used. Employers must also inform the employee in writing about their rights before the test is given. Sometimes, just the threat of a polygraph test can make a guilty person confess.

Polygraph use is serious and follows strict rules. Some agencies, like the CIA, use polygraphs regularly, but most police departments do not require their officers to take them. New technologies like EyeDetect™ analyze eye behavior to detect lies, offering an alternative to the traditional polygraph.

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