Employee Polygraph Protection Act (EPPA): What It Means for Employees and Employers
If you’ve ever glanced at an ‘Employee Rights’ poster in your workplace, you may have seen a mention of the Employee Polygraph Protection Act (EPPA)—that is, if you were paying close attention. These notices, often found in break rooms, hallways, or near clock-in stations, typically cover hourly wages, work conditions, safety regulations, anti-discrimination policies, environmental issues, and workplace harassment laws. However, many employees overlook the small section detailing the EPPA, which outlines their rights regarding polygraph tests in the workplace. Similarly, many business owners are unfamiliar with the law and how it applies to workplace investigations and hiring practices.
The EPPA is a federal law that prohibits most private employers from using lie detector tests for pre-employment screening or during employment. Employers cannot require, request, or use polygraph test results to hire, fire, or discipline employees. Additionally, they cannot retaliate against employees for refusing a test or exercising their rights under the law. However, certain exemptions apply.
Whether you are an employee wondering if your employer can force you to take a polygraph test or a business owner seeking to understand how EPPA applies in workplace investigations, this guide will break it all down for you.
The History Behind the Employee Polygraph Protection Act (EPPA)
Before any city, county, state, or federal law is enacted, there is usually a history of violations, abuses, or unchecked practices that necessitate regulation. The same is true for the polygraph testing of employees. Many people might be surprised by the widespread skepticism surrounding polygraph—or lie detector—tests. However, polygraph testing has been in use since its invention in the 1890s and became widely adopted in legal and employment settings by the 1920s.
One of the earliest landmark cases involving polygraph evidence was Frye v. United States (1923). Since then, polygraph testing has been widely used in both law enforcement and in the private-sector. From the early 1970s through the late 1980s, polygraph testing became a common practice in the employment world, utilized by businesses ranging from small mom-and-pop shops to major corporations like 7-Eleven. These tests were used for hiring, termination, and internal investigations, often administered by private examiners or police examiners who moonlighted working part-time to supplement their very low income while working in the law enforcement field.
What initially began as a legitimate tool for pre-employment screening and workplace investigations soon spiraled into an industry plagued by greed, bias, and corruption. A select group of polygraph examiners secured exclusive contracts with major corporations, pushing out competitors and creating monopolies over testing services. Meanwhile, smaller business owners relied on personal connections to find polygraph examiners, leading to inconsistent and often unfair testing practices.
Over time, polygraph tests became a condition of employment for many workers. Job applications at certain companies included clauses requiring employees to submit to polygraph testing upon request—refusal meant immediate termination. Many job seekers, intimidated by this requirement, simply chose not to apply for cashier or stock positions rather than risk being subjected to a polygraph.
For those already employed, the situation was equally troubling. An employee could be accused of wrongdoing—whether theft, misconduct, or another infraction—without any concrete evidence. If they refused the polygraph, they could be fired on the spot. Worse yet, some employers weaponized polygraph results to justify dismissing workers they simply didn’t want around, whether due to personal bias, discrimination, or cost-cutting measures.
The system was deeply flawed. Quick, unregulated tests often produced unreliable results, and in many cases, outcomes seemed to favor the employer’s interests rather than the truth. Employees had no recourse to challenge results or reclaim their jobs. Meanwhile, polygraph examiners profited enormously from the booming demand, with some amassing millions of dollars from corporate contracts.
As the abuses of polygraph testing in the workplace grew more apparent, affected employees began organizing. A coalition of workers, supported by lobbyists, took their concerns to Capitol Hill, demanding legislative action. One of their strongest allies was Senator Ted Kennedy, a longtime champion of workers’ rights, who recognized the urgent need to regulate polygraph use in employment.
In February 1987, Representative Pat Williams of Montana introduced the Employee Polygraph Protection Act (EPPA) in the House of Representatives. Later that year, Senator Edward M. "Ted" Kennedy of Massachusetts introduced a corresponding bill in the Senate. After gaining bipartisan support, the legislation was signed into law by President Ronald Reagan on June 27, 1988.
The EPPA, officially known as HR 1212, protects employees from unfair workplace polygraph testing. It establishes clear guidelines on employee rights and the limited circumstances under which employers may use polygraph tests.
What EPPA Prohibits
The Employee Polygraph Protection Act (EPPA) strictly prohibits most private employers from requiring or requesting job applicants or employees to take a polygraph test as a condition of employment. Employers cannot use polygraph results to make hiring, firing, or disciplinary decisions, nor can they retaliate against employees who refuse to take a test or exercise their rights under the law. Only a few specific types of employment, clearly defined by law, are exempt from this restriction and may require a polygraph examination before hiring.
Permitted Uses of Polygraph Testing in Specific Industries
While EPPA bans most workplace polygraph testing, there are specific industries where polygraph examinations are required prior to being hired for the job. These include:
Law Enforcement Agencies (local, state, and federal)
Correctional and Fire Departments (if required by policy)
Government Contractors engaged in national security, intelligence, or counterintelligence functions
Armored Car Companies and Security Firms (employees responsible for protecting and transporting cash, valuables, or classified materials)
Pharmaceutical Industry Employees (involved in manufacturing, distributing, or handling controlled substances)
Employees involved in sensitive security roles (handling radioactive waste, negotiable securities, or classified documents)
For these industries, polygraph tests are often mandated as part of pre-employment screening or ongoing security measures, subject to strict regulations to ensure fairness and compliance.
How EPPA Applies to Workplace Investigations
Employers who suspect an employee of theft, fraud, or workplace misconduct must follow strict guidelines before requesting a polygraph test. These include:
Conducting a Thorough Investigation: Employers must first gather substantial evidence linking the employee to the incident. They must clearly identify the loss or damage and determine whether the employee had access or was present at the time of the alleged offense. If these factors coincide, the employer may proceed with the request for a polygraph test.
If an employer decides to request a polygraph test, they must comply with the following rules:
Providing Written Notice: The employer must give the employee a written notice detailing the specific allegations of what the investigation is for and the location of where the polygraph examination will be conducted.
Allowing Time for Consultation: Employees must be given at least 48 hours to decide whether to take the test and are allowed to seek legal or personal counsel before making a decision.
Making the Test Voluntary: Employees cannot be forced to take the test, and participation is entirely voluntary. Refusal to take a polygraph cannot be used as the sole reason for termination.
Using the Results Properly: Even if an employee fails a polygraph, the employer cannot terminate them based solely on the test results. However, termination may be based on other factors following the polygraph, such as additional evidence indicating the employee committed the alleged offense.
Consequences for Violating EPPA
Employers who violate EPPA face severe legal and financial penalties. These include:
Fines up to $25,000 per violation (previously $10,000, adjusted for inflation)
Potential imprisonment (up to three years)
Lawsuits from affected employees, including reinstatement and back pay
Additionally, polygraph examiners who administer tests in violation of EPPA regulations may also face legal penalties. To avoid compliance risks, both employers and employees must ensure that any examiner conducting a workplace polygraph test meets all legal and professional requirements.
Choosing a Qualified Polygraph Examiner for Workplace Polygraph Testing
Due to the EPPA’s strict regulations and legal risks, only a small number of polygraph examiners specialize in workplace polygraph testing. Employers and employees should carefully vet any examiner conducting an EPPA-compliant test to ensure they have:
Extensive years of experience of administering workplace polygraph examinations
Proper state licensure and certifications in the state where the test is administered
A reputation for impartiality and professionalism
By choosing a qualified examiner, organizations can protect themselves from legal pitfalls while ensuring the testing process is conducted fairly and ethically.
If you need a professional, legally compliant polygraph examination or have questions about the process, Executive Protection Group Polygraph Service is here to help.
With over 22 years of experience conducting Employee Polygraph Protection Act (EPPA) examinations, we have assisted thousands of employees and employers, ensuring fair, lawful workplace investigations while safeguarding employee rights.
Our expertise has helped employees retain their rightful positions and supported businesses in uncovering the truth and recovering losses. Whether you seek clarity in a workplace matter or require a polygraph examination for personal reasons, we are committed to delivering accurate, immediate results in a confidential setting.
Led by Mr. David Goldberg, a Virginia State Licensed Advanced Board-Certified Polygraph Examiner and nationally recognized expert, we proudly serve clients throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Suffolk, Hampton, and beyond.
Take the first step toward resolution and peace of mind. Contact Executive Protection Group Polygraph Service today to learn more or schedule your polygraph examination.
