CIPP/US Study Guide
Chapter 12: Workplace Privacy

Polygraphs and the EPPA

The Employee Polygraph Protection Act of 1988 (EPPA), enforced by the DOL, bars private employers from using lie detectors on workers or applicants. Exceptions cover certain occupations and ongoing investigations of economic loss (with reasonable suspicion). EPPA does not preempt stricter state laws.

The EPPA (1988), with regulations from the DOL, prohibits employers from using lie detector|lie detectors on incumbent workers or to screen applicants. Employers cannot require, request, use, accept, refer to, or inquire about lie-detector results, and cannot take adverse action against an employee who refuses.

  • Exceptions: government employees, certain security services, controlled-substance manufacturing, certain defense contractors, and national-security functions
  • Ongoing-investigation exception: tests allowed in an investigation of economic loss or injury (theft, embezzlement, espionage) only with reasonable suspicion and other protections
  • An employee cannot be discharged based on a polygraph or for refusing one unless additional supporting evidence exists
  • Employers must post the EPPA's essential provisions conspicuously
No preemption

The EPPA does not preempt state laws; many states further restrict lie detectors in private employment. Together with the ADA, the EPPA places national limits on psychological testing.

Key terms - quick answers

What is “EPPA”?
Employee Polygraph Protection Act of 1988; prohibits most private employers from using lie detectors on employees or applicants, enforced by the DOL.
What is “Lie detector”?
Under the EPPA, includes polygraphs, voice stress analyzers, psychological stress evaluators, or similar devices used to render a diagnostic opinion about honesty.