What is the Employee Polygraph Protection Act?
The Employee Polygraph Protection Act (EPPA) is a federal law that was passed in 1988 that prohibits employers in West Virginia from using lie detector tests to screen employees or applicants. This law applies to all employers in the state, regardless of size. The EPPA does allow employers to administer lie detector tests to employees under certain conditions. These tests can only be given if the employer has reasonable suspicion that the employee has committed a crime or other act of misconduct. They can also be used if an employer wants to investigate a suspected theft or embezzlement of company property. The law also states that polygraph tests cannot be used to collect any information concerning the employee’s opinion or beliefs. Employers cannot ask questions related to union activities, sexual orientation, political activities, religious beliefs, or any other non-job related information. No one can be forced to take a lie detector test, and if they do take one, they must sign a written waiver that states they understand the reasons why they are taking the test and they are not being coerced into taking it. Employers cannot take any adverse action against an employee based solely on the results of a lie detector test. The EPPA includes a provision that protects employees from being retaliated against because they refuse to take a polygraph test. Any employee who believes their rights have been violated can file a complaint with the U.S. Department of Labor.
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