PROHIBITIONS
EXEMPTIONS Federal , State and local governments are not affected by the law . Also , the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities .
EXAMINEE RIGHTS
ENFORCEMENT
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 .
PROHIBITIONS
Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test , and from discharging , disciplining , or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act .
EXEMPTIONS Federal , State and local governments are not affected by the law . Also , the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities .
The Act permits polygraph ( a kind of lie detector ) tests to be administered in the private sector , subject to restrictions , to certain prospective employees of security service firms ( armored car , alarm , and guard ), and of pharmaceutical manufacturers , distributors and dispensers .
The Act also permits polygraph testing , subject to restrictions , of certain employees of private firms who are reasonably suspected of involvement in a workplace incident ( theft , embezzlement , etc .) that resulted in economic loss to the employer .
The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests .
EXAMINEE RIGHTS
Where polygraph tests are permitted , they are subject to numerous strict standards concerning the conduct and length of the test . Examinees have a number of specific rights , including the right to a written notice before testing , the right to refuse or discontinue a test , and the right not to have test results disclosed to unauthorized persons .
ENFORCEMENT
The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators . Employees or job applicants may also bring their own court actions .
THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT .
WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR
1-866-487-9243 www . dol . gov / agencies / whd
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