What is the role of the Employee Polygraph Protection Act in labor law?
In North Carolina, the Employee Polygraph Protection Act (EPPA) is an important piece of labor law. The EPPA was passed by Congress in 1988, and it serves to protect workers from certain forms of harm resulting from the use of polygraph (lie detector) tests. The EPPA sets limits on how and when employers can use lie detector tests. Specifically, employers are prohibited from using lie detector tests to screen prospective employees or to monitor existing employees. Furthermore, employers are only allowed to use lie detector tests when a certain type of theft, embezzlement, or sabotage has occurred, and with the written consent of the employee beforehand. The EPPA also places restrictions on the use of information gathered from polygraph tests. Employers are prohibited from using the results of such tests to make any decisions (hiring, firing, promotions, etc.) regarding their employees. Overall, the EPPA provides an important level of protection to workers in North Carolina from certain forms of harm that could come from the use of deceptive, inaccurate, or overly intrusive polygraph tests. The EPPA sets limits on when and how an employer can use a polygraph and provides guidelines to ensure that the results from any tests are not used to make any decisions about an employee’s status.
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