(b) Injunctive actions by Secretary. EMPLOYEE POLYGRAPH PROTECTION ACT ' THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION. The Notice to Examinee must be read aloud to the employee, which should be witnessed, signed and dated. The Act generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. How does the Employee Polygraph Protection Act help job applicants and company employees maintain their privacy? .manual-search ul.usa-list li {max-width:100%;} 2006. This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government. Prohibitions on lie detector use Punishment for discussing pay may i EEO laws and the NLRA (National Labor Relations Act). The Department of Labor administers and enforces the Employee Polygraph Protection Act of 1988 through the Wage and Hour Division of the Employment Standards Administration. screening or during the course of employment. Overview: The EPPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Exemptions. WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. The law does not cover Federal, state, and local government agencies. The product is then distributed to federal agencies who, in turn, make it available to the community. Subject to some very limited exemptions, the Employee Polygraph Protection Act of 1988 (EPPA) makes it unlawful for any employer engaged in or affecting commerce to, directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions. The EPPA forbids employers from administering lie detector tests dur- ing pre-employment screening and also during the course of employment. Retaliation can vary from unlawful discharge (for example a Human Resources professional who is performing EEO functions, terminated for it) to assorted other adverse actions. The Employee Polygraph Protection Act of 1988 prohibits employers from requiring, requesting, suggesting, or causing employees to take polygraph tests and other lie detector tests. Be insured for $50,000 or equivalent professional liability coverage. EMPLOYEE POLYGRAPH PROTECTION; Section 2007. Exemptions in Employee Polygraph Protection Act: Polygraph tests, in general, are not allowed to be required, suggested, or requested by an employer or potential employer. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Generally, the act keeps employers from using polygraph tests for screening (prior to employment) or during employment. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities. Maintain records for a minimum of three years of all documents above. Subject to some very limited exemptions, the Employee Polygraph Protection Act of 1988 (EPPA) makes it unlawful for any employer engaged in or affecting commerce to, directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test. Who is affected by EPPA? EMPLOYEE POLYGRAPH PROTECTION ACT The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. Police and investigators are not allowed to share the results of their polygraph and employers are not allowed use or inquire about the results of the polygraph. These are a set of restrictions that apply to private employees unless exemptions exist. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. 3. The following is a brief summary of the essential elements of the law. The employer must have knowledge of the Employer Polygraph Protection Act. How did the decision of the US Supreme Court in the case of Katz v. United States change the concept of privacy? .h1 {font-family:'Merriweather';font-weight:700;} Similar devices to a polygraph are also prohibited by the Act. Prohibitions on lie detector use. EMPLOYEE RIGHTS . The site is secure. EMPLOYEE POLYGRAPH PROTECTION ACT The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. Retaliation charges have eclipsed race discrimination since 2009. Why did the TALON database spark controversy? — The Age Discrimination in Employment Act of 1967. Criteria an Employer Is Required to Meet to Do Polygraph Testing, 5. Before sharing sensitive information, make sure you’re on a federal government site. Discharge, discipline, discriminate against, deny employment or promotion, or threaten to take any such action against an employee or prospective employee for refusal to take a test, on the basis of the results of a test, for filing a complaint, for testifying in any proceeding or for exercising any rights afforded by the Act. §§2001 et seq. This requirement may be skipped by federal employees if they notify the EEOC within 180 days of the discrimination, and then wait 30 days before filing a suit. Resources: E.P.P.A. Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. As used in section 7(d) of the Act, the ongoing investigation must be of a specific incident or activity.Thus, for example, an employer may not request that an employee or employees submit to a polygraph test in an effort to determine whether or not any thefts have occurred. Similar devices to a polygraph are prohibited by the Act. (b) Subpoena authority. If proven, these charges can result in both compensatory and punitive damages against the employer. 3. Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institution. It’s obvious why these exceptions are necessary for police departments, school districts, and prison systems. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The Department of Labor administers and enforces the Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the. In addition, an employer is not allowed to inquire about the results, use, refer to, or accept the results of the test. Require, request, suggest or cause an employee or prospective employee to take or submit to any lie detector test. Where polygraph examinations are permitted under the Act, they are subject to strict standards concerning the conduct of the test, including the pre-test, testing and post-test phases of the examination. Things like the deceptograph, psychological stress analyzer, voice stress evaluator, or any mechanical device used to make diagnosis as to the dishonesty or honesty of an employee or potential employee. o (b) Subpoena authority. Share it with your network! (b) National defense and security exemption (1) … Unless the conditions are satisfied, an employer cannot threaten employees with discharge or disciplinary action unless the polygraph is taken. o (d) Waiver of rights prohibited. The Employee Polygraph Protection Act. The .gov means it’s official. What is the most significant loophole in the Employee Polygraph Protection Act? .homepage-blocks footer .news-button {display:none} THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. Some of the guidance’s examples of protected opposition reflect newer EEOC positions. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. (full-text). .table thead th {background-color:#f1f1f1;color:#222;} EMPLOYEE RIGHTS . rights under the Act. The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB … § 2002. The Act also prohibits employers from inquiring or accepting the results of such tests. o (c) Private civil actions. Except as provided in paragraph (2), the exemption under subsection (d) of section 2006 of this title shall not apply if an employee is discharged, disciplined, denied employment or promotion, or otherwise discriminated against in any manner on the basis of the analysis of a polygraph test chart or the refusal to take a polygraph test, without additional supporting evidence. The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. How did the decision of the US Supreme Court in the case of Katz v. United States change the concept of privacy? Generally, the act keeps employers from using polygraph tests for screening (prior to employment) or during employment. A … The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. Share the results of the test with the employee and allow them an opportunity to explain any reactions. Do not administer any polygraph that requires fewer than 90 minutes. § 2004. The document MUST have signature of someone authorized to legally represent the employee, and MUST be engaged by employer for three years and is not the examiner. Have it signed, timed and dated. The Act empowers the Secretary of Labor to bring injunctive actions in U.S. district courts to restrain violations, and to assess civil money penalties up to $10,000 against employers who violate any provision of the Act. o (a) In general. Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. 3. Qualified businesses who are under contract with the government for specified activities like intelligence work. EMPLOYEE RIGHTS EMPLOYEE POLYGRAPH PROTECTION ACT The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. Employee should sign it and date it. The Employee Polygraph Protection Act of 1988 (EPPA) is a federal law that established guidelines for polygraph testing and imposed restriction on most private employers. WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. That law covers all private employers in interstate commerce, which includes just about every private company that uses a computer, the U.S. mail, or a telephone system to send messages to someone in another state. lie detector tests either for pre-employment . Enforcement falls to the DOL (Department of Labor). ol{list-style-type: decimal;} The Employee Polygraph Protection Act of 1988 (EPPA) is a United States federal law that generally prevents employers from using polygraph (lie detector) tests, either for pre-employment screening or during the course of employment, with certain exemptions.. The Act also includes limited exemptions where polygraph tests (but no other lie detector tests) may be administered in the private sector, subject to certain restrictions: An examiner is required to have a valid and current license if required by a State in which the test is to be conducted, and must maintain a minimum of $50,000 bond or professional liability coverage.

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