Employee Polygraph Protection Act (EPPA)
This NPC Quick Reference Guide is designed to be a resource for examiners when conducting polygraph examinations under EPPA. It has been prepared in good faith based on published Government documents and conversations with Department of Labor officials, and does not purport to supply a legal opinion or advice to examiners or employers. Any questions concerning the implementation of this law should be directed to the U.S. Department of Labor, Wage and Hour Division, or an attorney.
This law distinguishes between polygraph and lie detectors:
Lie Detector: Includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any mechanical or electrical device used for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual
Polygraph: Instrument that records continuously, visually, permanently, and simultaneously, changes in cardiovascular, respiratory, and electrodermal patterns as minimal instrumentation standards, and is used for purpose of rendering a diagnostic opinion regarding the honest or dishonesty of an individual.
On June 27, 1988, the 100th Congress of the United States passed Public Law 100-347, which is commonly cited as the Employee Polygraph Protection Act of 1988 (EPPA). The stated purpose of the law is “to prevent the denial of employment opportunities by prohibiting the use of lie detectors by employers involved in interstate commerce”. With a few exceptions, this law severely curtails the use of polygraph in the private sector for pre-employment screening and the investigation of suspected criminal or prohibited activity on the part of employees. The law imposes specific requirements on employers and polygraph examiners. Violations of the Law are investigated by the U.S. Department of Labor, Wage and Hour Division and can result in civil penalties of $10,000 per violation.
This guide was prepared using the following US Government Documents:
Public Law 100-347, June 27 1988 Employee Polygraph Protection Act of 1988.
The Federal Register, Part IV, Department of Labor, Wage and Hours Division, 29 CFR Part 801.
Copies of these documents can be obtained from your local Department of Labor, Wage and Hour Division Office. The text of EPPA can also be found at the Department of Labor Web Site: http://www.dol.gov/. This site also has a searchable database of rulings on EPPA cases.
