What is the Employee Polygraph Protection Act?

The Employee Polygraph Protection Act (EPPA) is a federal law enacted in 1988 that protects the rights of employees in Washington and throughout the nation. This law prohibits most private employers from using lie detector tests (polygraphs) on their employees. It also limits employers’ ability to make inquiries into employee behavior or ask questions about employee behavior during interviews and investigations. Under the EPPA, employers cannot require or even ask their employees to take a lie detector test, unless it is part of a security investigation or other specific circumstances. Employers are also forbidden from taking adverse action against an employee because of their refusal to take a polygraph test. The EPPA also outlines certain rights that employees have, including the right to receive written notice of the employer’s intent to use a polygraph test, the right to review the results of the test, and the right to challenge the accuracy of the test in court. The EPPA also prohibits employers from using lie detector tests to screen applicants for employment. If employers violate the EPPA, employees can seek remedies in court, including reinstatement and back pay. However, some states, including Washington, may have additional laws protecting employee rights related to polygraph tests. Therefore, Washington employers should check with their state labor department to make sure they understand the criteria they must meet and regulations they must follow in order to lawfully use polygraph tests.

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What is the Employee Polygraph Protection Act?

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