Employee Polygraph Protection

Normally known as a “lie detector”, a polygraph is an instrument that measures heart rate, respiration, blood pressure, and skin responses to determine levels of physiological stress. The device outputs a reading for a polygraph examiner to determine whether or not a subject is lying.

Since 1988, the Employee Polygraph Protection Act (EPPA) has been in effect, establishing certain guidelines for testing and restrictions on most private employers under federal law. Businesses affected by the EPPA's guidelines are commercial businesses. Government agencies, employees of the public school system, those inside correctional institutions, and businesses affiliated with the federal government do not fall under the EPPA's guidelines.

The EPPA suggests that no commercial business may require or consider a prospective employee take a polygraph examination before employment. Only when certain conditions apply can an employer request or suggest that an employee take a polygraph examination. If an employee refuses to take the examination, his or her employer cannot fire or discipline the employee in any manner.

There must be just cause in performing a polygraph examination. Any commercial business unaffiliated with the federal government cannot ask an employee or prospective employee to submit to a polygraph examination unless warranted by an investigation.

Contact Us

If you or someone you know was coerced or forced into performing a polygraph test was unjustified or seemed unjustified, contact the Houston employment lawyers of the Ross Law Group at 713-482-6910 to discuss your employee rights.