Are employers allowed to require employees to submit to a polygraph test as a condition of employment?

In California, employers are generally not allowed to require employees to submit to a polygraph test as a condition of employment. This is based on California law which prohibits employers from requiring or suggesting that employees or job applicants take polygraph tests. This law applies to all employers, regardless of the type of job or the size of their business. Additionally, the federal 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. Under this law, employers may only test employees who will have access to trade secrets or who are in certain kinds of law enforcement or national security jobs. In summary, employers in California are generally prohibited from requiring employees or job applicants to take a polygraph test. If an employer does violate this law, they may face a civil penalty of up to $10,000 payable to the state, or possibly other damages.

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