L. 100–347, §1, June 27, 1988, 102 Stat. 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 Employee Polygraph Protection Act (EPPA) is administered and enforced by the Wage and Hour Division (WHD). Restrictions on use of exemptions. .manual-search ul.usa-list li {max-width:100%;} 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. The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. Provide opinion of non-deception or deception in writing. Who is affected by EPPA? #block-googletagmanagerfooter .field { padding-bottom:0 !important; } https://www.polygraph.org/employee-polygraph-protection-act-eppa- #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Subject to some very limited exemptions, the Employee Polygraph Protection Act of 1988 (EPPA) makes it unlawful for any employer engaged in or affecting commerce to, directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test. The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Similar devices to a polygraph are also prohibited by the Act. UpCounsel accepts only the top 5 percent of lawyers to its site. prohibits most private employers from using . L. 100–347, §1, June 27, 1988, 102 Stat. Such notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment. 6 Feb 2017 (a) No application to governmental employers. Similar devices to a … The Act, signed by the President on June 27, 1988, became effective on December 27, 1988. The Act also prohibits employers from inquiring or accepting the results of such tests. Lawyers on UpCounsel come from law schools such as Harvard Law School and Yale Law School and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Employee Polygraph Protection Act of 1988. PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or … EMPLOYEE POLYGRAPH PROTECTION ACT. 2. PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee … Resources: E.P.P.A. Data on the employment status of members of minority groups and women are published by the EEOC. Give a photocopy of documents to the employee upon request. (b) National defense and security exemption (1) … Authority of Secretary. The product is then distributed to federal agencies who, in turn, make it available to the community. Exemptions. What is the most significant loophole in the Employee Polygraph Protection Act? Notice of protection. Exemptions in Employee Polygraph Protection Act: Polygraph tests, in general, are not allowed to be required, suggested, or requested by an employer or potential employer. o (c) Private civil actions. Ensure the credentials of the polygraph examiner. PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or … Under 1967’s Age Discrimination in Employment Act, a complaint against federal agencies or departments are required to be filed with the director of equal employment opportunity, head of that agency, head of an Equal Employment Opportunity Commission (EEOC) field office, or other official (designated by the agency). § 2004. .usa-footer .grid-container {padding-left: 30px!important;} o (a) In general. Want High Quality, Transparent, and Affordable Legal Services? Employee Polygraph Protection Act (29 USC §2001 et seq. PROHIBITIONS . EMPLOYEE RIGHTS EMPLOYEE POLYGRAPH PROTECTION ACT 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. screening or during the course of employment. Adverse employment action under security service and controlled substance exemptions. Use, accept, refer to, or inquire about the results of any lie detector test of an employee or prospective employee. — Title VII of the Civil Rights Act of 1964. 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". Give the employee the polygraph test questions in writing. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} The employer must give the employee a document. — The Age Discrimination in Employment Act of 1967. The Employee Polygraph Protection Act of 1988 prohibits employers from requiring, requesting, suggesting, or causing employees to take polygraph tests and other lie detector tests. Equal Employment Opportunity Commission (EEOC) guidance takes an assertive stance against retaliation, using a broad interpretation of this frequently complained type of discrimination. Conduct additional interviews of the employee prior to any adverse action after a polygraph test. (b) For the exemption to apply, the condition of an “ongoing investigation” must be met. Exemptions; 29 U.S. Code § 2006. 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. [CDATA[/* >*/. Why did the TALON database spark controversy? Was this document helpful? The Employee Polygraph Protection Act was signed by President Reagan in 1988 and established the rules for the administration of polygraph tests.8 min read. (full-text). Give employee a written clarification of the polygraph test and procedures. That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the U.S. mail, or a telephone system to send messages to someone in another state. .usa-footer .container {max-width:1440px!important;} Criteria an Employer Is Required to Meet to Do Polygraph Testing, 5. Overview: The EPPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment.