Employee Polygraph Protection Act – Prohibitions, Exemptions and Rights

By | October 21, 2014

Employee polygraph protection act is a act which prohibits the private employers from using the lie detector tests on the employees during the course of the employment or pre-employment screening. There are several prohibitions and exemptions under this act and wherever this is permitted there they will have strict standards. So, if you are an employer or employee you must know this act.

Some of the prohibitions of this act are:

  • The employers shouldn’t request the employee or the applicant of the job to take this lie detector test.
  • Employers shouldn’t form disciplining, discharging or discriminating against the employee or the expected employee who refuse to take the test or those who exercise other rights under this act.

Exemptions of employee polygraph act:

  • However, state, federal and local governments are not effected by this law.
  • This law is not applicable to the tests given by federal government to some private individuals who are involved in national security related activities or handling drugs or for investigating theft or other suspected crime.
  • This act will permit the test to be apply in private sectors, to some expected employees of the firms related to security services and to pharmaceutical distributors, manufacturers and dispensers.
  • This act will allow testing, subject to restrictions of some employees who are involved n the workplace theft, embezzlement etc. which results in the loss of employer economically.

Rights of the examinee
As said above, the lie detector tests can be permitted for the jobs that are related to security or investigating theft cases etc. But, there are strict standards in conducting the test and on the length of the test. Here, the examinee has the few rights in taking this test. Some of them are listed below.

  • They have the right to a written notice before testing.
  • They have the right to refuse the test.
  • Right for discontinuing the test in the middle or at any time.
  • Right in not having the test results for disclosing the test results to unauthorized persons.
  • Right to be asked questions in such a way that it is not degrading.

But, if any one violates this act, they will be subjected to penalties by the secretary of labor by bringing the court actions on the violators. Here, there is also a right for the employees or the job applicants to bring their own court actions on the violators. So, if you are an employee or a job applicant know your rights and move forward.