What is the Employee Polygraph Protection Act?
The Employee Polygraph Protection Act (EPPA) is a federal law that protects Texas employees from having to take a lie detector/polygraph test as a condition of employment. This law applies to both private and public employers, regardless of size. The EPPA prohibits private employers from requesting, requiring, or administering polygraph tests of their employees. It also sets out specific situations in which an employer may be allowed to use a polygraph in the workplace. This law also prohibits employers from retaliating against employees who decline to take a polygraph test or who refuse to answer questions related to the test. The EPPA also sets out special requirements for private employers who use lie detector/polygraph tests in the hiring process. For example, the employer must state the test results to the employee in writing, and must also provide an explanation of the results. The EPPA also prohibits employers from discriminating against applicants or employees based on their polygraph results. Finally, the EPPA requires employers to post notices informing employees of their rights under this law. These notices must be permanently posted in a prominent place, or distributed to current and potential employees. This law is important as it allows employees to be aware of their rights in the workplace and to seek legal counsel if necessary.
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