Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com

The Employee Polygraph Protection Act (EPPA), prohibits most private employers from using lie detector tests, either for pre‑employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test.

However, the EEPA does allow for limited instances where employers may utilize polygraph tests.  In those extremely limited instances, record keeping requirements apply both to employers and polygraph examiners. Under the EPPA, an employer must retain required records for a minimum of three (3) years from the date the polygraph examination is conducted (or from the date the examination is requested if no examination is conducted).  If the employer is utilizing the polygraph examination for the purposes of investigating an economic loss or injury, the employer must maintain a copy of the statement that sets forth the specific incident or activity under investigation, as well as the basis for testing that particular employee, along with proof of service of that statement to the employee or prospective applicant.

For employers who manufacture, distribute, or dispense controlled substances, the EEPA requires that they must maintain records specifically identifying the loss or injury in question and the nature of the employee’s access to the person or property that is the subject of the investigation.  Every employer who requests an employee or prospective employee to submit to a polygraph examination pursuant to EEPA exemptions for: investigation, drug manufacturer, or security services, must maintain:

• A copy of the written statement that sets forth the time and place of the examination and the examinee’s right to consult with counsel;
• A copy of the written notice provided by the employer to the examiner identifying the persons to be examined; and
• Copies of all opinions, reports or other records furnished to the employer by the examiner relating to such examinations

(www.dol.gov/compliance/guide/eppa.htm#who#who).

Any and all employers who require polygraph examinations must keep the required records safe and accessible at their place of employment or business, or at one or more established central record keeping offices.  If the records are maintained at a central record keeping office other than the place of employment or business, such records must be made available within 72 hours following notice from the Secretary of Labor or an authorized representative.

If you are an employer and are seeking compliance with the EPPA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: dol.gov