When Polygraph Testing is Allowed: Limited Exceptions Under the EPPA
Finance, Real Estate, and Business Law
Lie detector testing originated as a means for conducting criminal investigations. In recent years, however, it has been used most often to screen job applicants and to check employee honesty. Private sector lie detector testing was dealt a severe blow when Congress passed the Employee Polygraph Protection Act of 1988 (EPPA). The EPPA, which became effective December 27, 1988, bans the use of lie detector testing in most private sector settings. Under limited circumstances and subject to procedural safeguards, however, banks and other private sector employers may still administer polygraph tests to their employees. This article explores those areas of the EPPA that allows polygraph testing and examines the procedural safeguards mandated by EPPA.
Banking Law Journal
(1991). When Polygraph Testing is Allowed: Limited Exceptions Under the EPPA. Banking Law Journal, 108(6), 555-564.
Available at: http://aquila.usm.edu/fac_pubs/7157