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Antiwork

Obscure (U.S.) Employment Law of the Week – Your boss can’t make you take a lie detector test

L&E lawyer here with some more knowledge to share about employee rights. In the United States, the Employee Polygraph Protection Act of 1988 (29 U.S.C. § 2001 et seq.) prohibits the vast majority of private employers from using polygraph (lie detector) tests, either for pre-employment screening or during the course of employment. They can't retaliate against an employee for refusing to take one, either, and are required to put up a poster explaining the EPPA on the premises. Employers who violate this law can be fined up to ~$23,000 per violation. And Employees (or prospective employees) can sue for reinstatement, lost wages, and other damages. Of course, there are certain exceptions. The EPPA doesn't apply to federal, state, or local governments. The federal government can administer polygraph tests to federal contractors involved in national security and counterintelligence. And polygraph tests are permitted for some prospective employees of armored car, security…


L&E lawyer here with some more knowledge to share about employee rights. In the United States, the Employee Polygraph Protection Act of 1988 (29 U.S.C. § 2001 et seq.) prohibits the vast majority of private employers from using polygraph (lie detector) tests, either for pre-employment screening or during the course of employment. They can't retaliate against an employee for refusing to take one, either, and are required to put up a poster explaining the EPPA on the premises.

Employers who violate this law can be fined up to ~$23,000 per violation. And Employees (or prospective employees) can sue for reinstatement, lost wages, and other damages.

Of course, there are certain exceptions. The EPPA doesn't apply to federal, state, or local governments. The federal government can administer polygraph tests to federal contractors involved in national security and counterintelligence. And polygraph tests are permitted for some prospective employees of armored car, security alarm, and security guard firms, as well as pharmaceutical and other firms that deal with controlled substances.

But the big exception is for employees who are reasonably suspected of a workplace incident that results in economic loss to the employer and who had access to the property that is the subject of an investigation. Typically this involves employee theft. If a car goes missing off the lot of a car dealership, for example, the employer can require employees who had access to the car in question to submit to a polygraph test. But the EPPA tightly regulates how this must be conducted. And if you are asked to take a polygraph test by your employer, talk to a lawyer first.

If you suspect that an employer has violated the EPPA, consider submitting an anonymous complaint to the Department of Labor at https://www.dol.gov/agencies/whd/contact/complaints.

Knowing your rights as an employee may not be strictly antiwork, but it's important and IMO well within the jurisdiction of this subreddit.

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