Integrity Test Law and Legal Definition

Many employers are now using honesty or integrity testing to determine an employee's suitability for particular jobs and attempt to minimize theft, embezzlement, or filing of claims against the employer. These may include written psychological tests designed to predict employees who are more likely to engage in conduct against the employer's interest. However, in many cases, employers are prohibited from generally testing employees to determine honesty.

Employers are generally not prohibited from giving psychological tests, as long as the psychological tests are not used  to determine whether or not a person has a physical or mental disability. In that case, such a test would be in violation of  the Americans with Disabilities Act. The employer is under no obligation to give the employee or applicant the test results.

The Employee Polygraph Protection Act of 1988 (EPPA) prohibits most private employers from using lie detector tests (“polygraphs”) to screen job applicants unless the employer is:

1. a private security firm with a primary business purpose of providing security services for public transportation facilities, proprietary information services, financial institutions handling currency, negotiable securities or precious commodities, or industries which pose a public safety risk; or

2. authorized to manufacture, distribute or dispense controlled substances and there has been a controlled substance loss or prospective employees will have access to controlled substances.