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ABA Family Legal Guide
Law and the Workplace
The Hiring Process
May an employer use a lie detector to find out if a job applicant or an employee is honest?
The Employee Polygraph Protection Act (EPPA) prohibits employers from requiring employees or applicants to take a polygraph test. This federal law covers all private employers with at least two employees engaged in interstate commerce activities and an annual volume of business of at least $500,000. It does not apply to any public employer. The law provides an exception to the use of a polygraph in two situations:
- An employer can use a polygraph in connection with an ongoing investigation into theft (see the sidebar "Polygraphs and Theft Investigations").
- Employers that provide security services can administer a polygraph to certain applicants, as can employers engaged in the manufacture of controlled substances.
Most states also have state laws that either prohibit or regulate the use of polygraph tests in employment. A few states, such as Massachusetts and Minnesota, prohibit all tests and devices purporting to determine honesty.
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Side Bar - Polygraphs and Theft Investigations Under the law, employers can't normally use polygraphs in the hiring process. The law also severely limits how they're used on the job. An employer is allowed to request that an employee take a lie detector test if the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer's business. The employer may only make this request of employees who had access to the missing property or whom the employer reasonably suspects were involved in the incident. An employee is free to refuse to take the test, and the employer cannot take action against the employee based on the refusal. |
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