Stroud & Harper, P.C. Laywers

Polygraph Disputes with Employers

The Employee Polygraph Protection Act (EPPA), a federal law, prohibits most private employers from using lie detector tests for pre-employment screening or during the course of employment, subject to limited exceptions.  Private 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 or for exercising other rights under the Act.  Employers may not use or inquire about the results of a lie detector test or discharge or discriminate against an employee or job applicant on the basis of the results of a test, or for filing a complaint, or for participating in a proceeding under the Act.

Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm and guard) and of pharmaceutical manufacturers, distributors and dispensers.  Subject to restrictions, the Act 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, they are subject to strict standards for the conduct of the test, including the pretest, testing and post-testing phases.  An examiner must be licensed and bonded or have professional liability coverage.  The Act strictly limits the disclosure of information obtained during a polygraph test.

Federal, state and local governments are not covered by the EPPA.  Also, the EPPA does not apply to tests given by the federal government to certain private individuals engaged in activities related to national security.

• Age Discrimination
• Americans with Disability Act (ADA)
• Civil Servants – dismissal from employment without cause
• Employment Contracts
• ERISA / Employee Benefits
• Fair Labor Standards Act (FLSA) claims – overtime; wage and hour
• Family Medical Leave Act (FMLA)
• Harassment Based on an Employee’s Race, Color or National Origin
• Malicious Interference with Employment Relationship
• National Origin / Ethnicity Discrimination
• Non-Compete and Non-Solicitation Issues
• Polygraph Disputes with Employers
• Pregnancy Discrimination
• Race/Color Discrimination
• Religious Discrimination
• Retaliatory Discharge and Other Forms of Retaliation Against Employees
• Separation Agreements / Severance Packages
• Sex/Gender Discrimination
• Sexual Harassment
• Tennessee Human Rights Act
• Uniformed Services Employment and Reemployment Rights Act (USERRA) – military leave claims
• Whistleblower / Illegal Activity Claims
• Workers' Compensation Retaliation Claims