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, employers may utilize polygraph tests for certain job applicants of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors, and dispensers.  The EPPA also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.), that resulted in specific economic loss or injury to the employer.

Where polygraph examinations are allowed by the EPPA, the employer’s use of the tests are subject to strict standards for the conduct of the test, including the pretest, testing, and post‑testing phases.  Any examiner utilized by the employer must be licensed and bonded, or have professional liability coverage. Further, any information obtained by the employer as a result of any polygraph test is also strictly limited from disclosure.

If an employee claims that the employer has violated their rights or duties under the EPPA, the Secretary of Labor can bring an action in court to restrain violators from utilizing the testing, and assess civil monetary penalties up to $10,000 per violation.  Along with such fines and penalties, an employer who violates the law may be liable to the employee, or prospective employee, for appropriate legal and equitable relief, which may include employment reinstatement, promotion, and payment of lost wages and benefits.

If an employer is found to have violated the EPPA and is assessed a civil monetary penalty, the employer may, within thirty (30) days of the notice of assessment, request a hearing before an Administrative Law Judge. If the employer is found liable by the Administrative Law Judge’s decision, the employer is entitled to request a review of the decision by the Administrative Review Board.

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.