Federal statute on employers administering polygraphs to employees
The federal statute governing the administration of polygraph (lie detector) tests by employers is the Employee Polygraph Protection Act of 1988 (EPPA), codified at 29 U.S.C. §§ 2001–2009. The Department of Labor enforces this Act through the implementing regulations found at 29 C.F.R. Part 801.
Legal Analysis
Issue
When, if ever, may private employers administer polygraph examinations to employees or applicants under federal law?
Rule
Under the EPPA, most private employers are prohibited from directly or indirectly requiring, requesting, suggesting, or causing any employee or job applicant to take a polygraph or other lie detector test. Employers also may not use, accept, or inquire about test results, nor may they take adverse employment action based on the results or a refusal to take such a test (see 29 U.S.C. § 2002; 29 C.F.R. § 801.2(a)).[1][2]
Certain limited exemptions exist, allowing the use of polygraph tests under tightly regulated circumstances:
- Security and Controlled Substances Industries – Employers in security services (e.g., armored car, alarm, or guard companies) and those manufacturing, distributing, or dispensing controlled substances, may request polygraph tests of certain job applicants, subject to notice and procedural safeguards (see 29 U.S.C. § 2006(d)–(e)).[4]
- Ongoing Investigations – Employers may administer polygraphs to employees who are reasonably suspected of involvement in a specific workplace incident that resulted in economic loss (e.g., theft, embezzlement), again under stringent procedural controls designed to protect employee rights (see 29 U.S.C. § 2006(f)).[4]
Federal, state, and local government employers are exempt from the Act (see 29 U.S.C. § 2006(a)).[3] Likewise, federal contractors engaged in national security or intelligence work are permitted polygraph testing in accordance with federal law (see 29 C.F.R. § 801.5(d)).[1]
Application
In practice, private employers may only use polygraph testing if they fall within one of the statutory exemptions, and even then only after meeting detailed procedural requirements—such as providing advance written notice outlining the incident under investigation, limiting disclosure of results, and ensuring the examiner is licensed and bonded (see 29 C.F.R. §§ 801.20–801.24).[2]
The EPPA explicitly does not preempt stricter state or local laws. Thus, even where a federal exemption would apply, state laws may impose additional restrictions or outright prohibitions (see 29 U.S.C. § 2009; 29 C.F.R. § 801.5(a)).[1]
Conclusion
The Employee Polygraph Protection Act of 1988—29 U.S.C. §§ 2001–2009—is the governing federal statute that restricts employer-administered polygraph examinations. It generally bans such tests in private employment, subject to narrow exceptions and extensive procedural safeguards, while exempting government employers.