What is the Employee Polygraph Protection Act?

The Employee Polygraph Protection Act of 1988 is a federal law that regulates the use of lie detector tests by employers. It prohibits employers in North Carolina from using a polygraph (lie detector) test for any reason related to employment in most cases. The Act applies to all employers in North Carolina, including private employers, public employers, and government contractors. Under the Act, employers cannot use polygraph tests to screen applicants for employment, nor can they use them during the course of employment. They are also prohibited from using a polygraph test to make any employment decision related to hiring, promotion, suspension, or termination. Employers are allowed to use polygraph tests in certain limited circumstances, such as when an employer has reasonable suspicion that an employee is involved in a workplace crime or theft. However, employees must be notified in advance if the employer intends to use a polygraph test in such cases. The Act also requires employers in North Carolina to adhere to certain rules relating to the administration of polygraph tests. For example, employers must provide a written statement that outlines the employee’s rights related to the polygraph test and must also allow the employee to be represented by legal counsel during the test. Overall, the Employee Polygraph Protection Act of 1988 is an important labor law in North Carolina that protects employees from being subjected to lie detector tests by their employers without sufficient cause. It provides important rights to employees and helps ensure that employers follow proper procedures when administering such tests.

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