Employee Polygraph Protection Act Law and Legal Definition

The Employee Polygraph Protection Act (EPPA) is a U.S. federal law that generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment. However, there are certain exemptions to this rule. The EPPA was enacted in 1988.

29 USCS § 2002 makes it unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce to:

(1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test;

(2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee;

(3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against:

(A) any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, or

(B) any employee or prospective employee on the basis of the results of any lie detector test; or

(4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because:

(A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act [29 USCS §§ 2001 et seq.],

(B) such employee or prospective employee has testified or is about to testify in any such proceeding, or

(C) of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this Act [29 USCS §§ 2001 et seq.].

29 USCS § 2006 states the exemptions to the EPPA. The section states that the Act will not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government.