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U.S. Government Polygraph Test Requirements

The polygraph, or lie detector, test is designed to verify the truth of what a person is saying in response to specific questions. It does this by measuring the person's cardiovascular responses. Therefore, it would be anticipated a physiological response denoting high stress would indicate a lie. The test is not completely accurate, as there may always be people whose responses are atypical, but it is generally considered to be reliable.

  1. Legislation

    • The Employee Polygraph Protection Act of 1988 (EPPA) sets out the law on the use of polygraphs in employment. It is administered by the Wage and Hour Division of the U.S. Department of Labor. Government agencies are exempt from the provision of this Act. It is essential to have legislation in this area, because it is open to abuse, especially in a employer/employee situation, where the power balance may be seen as unequal.

    Private Employers

    • On the whole, private employers may not use the polygraph test, whether in recruiting staff or in the course of their employment. They cannot discipline or discriminate against staff who will not submit to a lie-detector test. They are not allowed to inquire about the results of a polygraph test taken by an employee outside of work, or to discriminate against the employee on the basis of results of a test taken outside of work.

    Limited Use in Private Employment

    • There are certain limited situations where a private employer may require an employee to take a polygraph. Even so, this is strictly regulated. If an employee is reasonably suspected of theft or embezzlement, for example, he or she may be required to take the test. This misdemeanor must have caused loss to the employer. Even in this situation, strict regulations will apply to the use of the test and the requirements of notice.

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