EMPLOYEE POLYGRAPH PROTECTION ACT. How does the Employee Polygraph Protection Act help job applicants and company employees maintain their privacy? The Employee Polygraph Protection Act was signed by President Reagan in 1988 and established the rules for the administration of polygraph tests. Ensure that there is a signed statement of advance notice provided to the employee. Under the exemption for ongoing investigations of work place incidents involving economic loss, a written or verbal statement must be provided to the employee prior to the polygraph test which explains the specific incident or activity being investigated and the basis for the employer's reasonable suspicion that the employee was involved in such incident or activity. Employers are required to post notices summarizing the protections of the Act in their places of work. EMPLOYEE POLYGRAPH PROTECTION ACT PROHIBITIONS EXEMPTIONS EXAMINEE RIGHTS ENFORCEMENT Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising EMPLOYEE POLYGRAPH PROTECTION ACT. PROHIBITIONS . 2004. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } (b) Subpoena authority. The federal Employee Polygraph Protection Act, passed in 1988, virtually outlawed using lie detectors in connection with employment. Authority of Secretary. A … Federal government websites often end in .gov or .mil. The .gov means it’s official. The physical changes can be electrodermal patterns, respiratory, and cardiovascular. §§2001 et seq. */. Employers who administer polygraph tests to their employees are restricted in their use by the Employee Polygraph Protection Act. o (a) Civil penalties. 4. 3. Who Is Affected by the Employee Polygraph Protection Act? §§ 2001 – 2009 (2000). EMPLOYEE POLYGRAPH PROTECTION ACT WH1462 REV 01/16 THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. Employers are not allowed to suggest, request, or require that an employee or potential employee take any kind of polygraph (or lie detector) examination. EMPLOYEE POLYGRAPH PROTECTION; Section 2006. In addition, lie detector tests administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions are exempt. Prohibitions on lie detector use. The Specific Incident Exemption of the Employee Polygraph Protection Act: Deceptively Straightforward I. A … Similar devices to a … issue regulations as necessary or appropriate to enforce this Act, coordinate with local, regional, local, State, and other agencies, furnish specific assistance to private employers, employment agencies, and labor organizations, effectuating the purposes of this Act, make investigations and inquiries and require the keeping of documentation necessary or appropriate for the administration of this Act. Employees are not able to waive their rights. The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions. THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. The Employee Polygraph Protection Act prohibits most private employers from using lie detectortests eitherfor pre-employment screening or during the course of employment. lie detector tests either for pre-employment . o (d) Waiver of rights prohibited. Within 45 days of the discriminatory (alleged) action, a federal job applicant or employee must file a complaint of discrimination based on color, race, sex, national origin, age, religion, or mental or physical disability to an EEO counselor with the applicants’ or employees’ agency. Be licensed, if so required, in the state where the test is to be conducted. Company letterhead should be used on all forms provided to the employee. Things like the deceptograph, psychological stress analyzer, voice stress evaluator, or any mechanical device used to make diagnosis as to the dishonesty or honesty of an employee or potential employee. FAMILY AND MEDICAL LEAVE ACT Family and Medical Leave Act of 1993 (provides up to 12 weeks of unpaid leave to eligible employees for specific family and medical reasons). Have it signed, timed and dated. Notice of protection. .cd-main-content p, blockquote {margin-bottom:1em;} Unaffected by the law are state, local, and federal government agencies. Similar devices to a polygraph are prohibited by the Act. The examiner cannot assist the employer to determine who should be tested. Protected opposition applies because Title VII [of the Civil Rights Act of 1964 because the EEOC’s stated position and prosecution efforts, individuals may have a reasonable belief that this type of sexual orientation discrimination is illegal as a form of sex discrimination under Title VII. ol{list-style-type: decimal;} The results of a test alone cannot be disclosed to anyone other than the employer or employee/prospective employee without their consent or, pursuant to court order, to a court, government agency, arbitrator or mediator. Employers generally may not require or request any job applicant to take a lie detector test, except for certain occupations. Definitions. Civil actions may be brought by an employee or prospective employee in Federal or State court against employers who violate the Act for legal or equitable relief, such as employment reinstatement, promotion, and payment of lost wages and benefits. The Employee Polygraph Protection Act (EPPA) permits consensual polygraph testing of employees as part of an "ongoing investigation involving economic loss or injury to the employer's business". § 2004. [CDATA[/* >