What is the Employee Polygraph Protection Act?
The Employee Polygraph Protection Act (EPPA) is a federal law enacted in 1988 that protects workers from being forced to take polygraph tests in some circumstances. This law applies to private employers in all 50 states, including Arizona. The EPPA prohibits employers from using lie detector tests either for pre-employment screenings or during the course of employment. In Arizona, employers are not allowed to ask employees to take lie detector tests for any reason, including for job interviews, to check productivity or verify the truthfulness of information. Additionally, the EPPA prohibits employers from discriminating against individuals who refuse to take the test. This means that employers cannot fire, demote, or otherwise penalize individuals for refusing to take a polygraph test. They also cannot retaliate against people who internally or publicly report violations of the EPPA. The EPPA does allow for certain exemptions. Employees working in certain positions may be legally required to take polygraph tests if their job duties involve access to trade secrets, national security information, or other sensitive matters. Employers must inform employees of their right to refuse to take the test before administering it. In Arizona, it is illegal for employers to break the EPPA. Any employer that violates the EPPA may be liable for damages or criminal prosecution. Workers who believe they have been subjected to unlawful polygraph tests may contact the U.S. Department of Labor to file a complaint.
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