Can an employer require me to take a polygraph test before hiring?

Filling out an application, giving reliable references, and interviewing with hiring personnel are all standard components of a job search. But what if your potential employer also asked you to take a polygraph test? Whether or not you will have to take a lie detector test depends on federal laws and your state’s regulations.

How a Polygraph Works

A polygraph machine, also referred to as a lie detector test, measures and records the body’s involuntary responses to a series of questions administered by an examiner. The machine measures physiological data like pulse, respiration, blood pressure, and skin conductivity. It is believed that dishonest answers can be differentiated from honest ones by changes in the examinee’s physiological responses.

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Employee Polygraph Protection Act (EPPA)

In the past, polygraph tests were frequently administered to criminal suspects and job applicants. However, with only a modest amount of scientific evidence to support the reliability of polygraph tests, their use has declined in recent decades. The Employee Polygraph Protection Act (EPPA) was enacted in 1988 and established guidelines for polygraph testing in the private sector. The law does not cover public agencies or local, state, or federal government agencies. 

The EPPA prohibits most private employers from requiring job applicants and current employees to take lie detector tests. There are a few exceptions in the EPPA for commercial businesses. For example, if the business is under contract with the federal government involving specified activities (e.g. counterintelligence work) or if the business has a primary purpose of providing armored car personnel or other security personnel in facilities which have a significant impact on the health or safety of any state (e.g. public waterworks).

Another exception to the EPPA is if the business manufactures or distributes controlled substances. Additionally, if an employer suspects a current worker of being involved in theft or embezzlement, it may require the worker to submit to a polygraph test if certain requirements are met. If you are obligated to submit to a test, the examiner must be licensed and bonded, or have professional liability coverage.

Employer Responsibilities and the EPPA

For the most part, aside from these limited exceptions, a private employer may not require a job applicant or current employee to take a polygraph test. The employer may not use or inquire about the results of a polygraph test and it cannot discipline or discharge an employee if he/she refuses to take the test. Every employer subject to the EPPA must post a notice explaining the Act on its premises. The notice must be posted in a conspicuous place where it can be easily observed by employees and job applicants. Finally, many states ban polygraph testing altogether so it’s important to check with your state’s regulations for more information.

Getting Help

If you think your employer is in violation of the EPPA, consider contacting an employment and labor law attorney today. An employment attorney can explain the EPPA and any local regulations and help you file a claim against your employer, if necessary.

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Case Studies: Polygraph Testing in Employment

Case Study 1: The Government Contractor

John applied for a job at a private company that had a contract with the federal government involving counterintelligence work. As part of the application process, the company required all applicants to undergo a polygraph test. John was hesitant about taking the test and sought legal advice.

He discovered that the Employee Polygraph Protection Act (EPPA) allows employers engaged in certain specified activities, such as counterintelligence work, to require polygraph testing. Despite his initial concerns, John understood that this exception applied in his case, and he agreed to take the polygraph test as a requirement for employment.

Case Study 2: The Warehouse Security

Maria worked for a private company that provided security personnel for facilities with a significant impact on public safety. The company suspected one of its employees of being involved in theft and embezzlement. To investigate the matter, they required the employee to undergo a polygraph test. The employee, however, refused to take the test, claiming it was a violation of their rights.

The company consulted with legal counsel and learned that under the EPPA, if there is a reasonable suspicion of theft or embezzlement, an employer can require a current employee to submit to a polygraph test. With this knowledge, the company followed the necessary requirements and proceeded with the polygraph test.

Case Study 3: The Unlawful Demand

Jennifer applied for a position at a private company that was not involved in any of the exceptions outlined in the EPPA. During the application process, the company requested Jennifer to take a polygraph test as a condition of employment.

Jennifer knew that the EPPA prohibits most private employers from requiring job applicants to undergo polygraph testing. Recognizing this violation, she refused to take the test and sought legal assistance. With the guidance of an employment and labor law attorney, Jennifer filed a claim against the company for violating the EPPA.

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