What are the requirements for polygraph testing?

Federal law prohibits private employers from requiring, requesting, causing, or suggesting an employee or job applicant take a lie detector test. Employers cannot even suggest to an employee or job applicant that he or she take a lie detector test. The Employee Polygraph Protection Act of 1988 also forbids employers from retaliating against an employee or job applicant who asserts rights under the Act.

Ongoing investigation exception. The law is a general ban on the blanket or random use of polygraphs to monitor employees or screen job applicants. Under limited circumstances, however, and subject to procedural safeguards, an employer can still require an employee to submit to a polygraph. As part of an ongoing investigation of economic loss or injury, such as theft or embezzlement, an employee may be asked to take a polygraph exam. Polygraph testing is permitted under these limited circumstances:

• the investigation must involve economic loss to the employer's business;

• the tested employee must have had access to the missing property;

• the employer must have a reasonable suspicion that the employee to be tested was involved; and

• the employee must be provided with a written statement about the incident and the reasons for the employer's reasonable suspicion.

Assuming the employer follows the prescribed procedure, an employee's refusal to submit to a polygraph under these circumstances can be used as grounds for discharge.

Violations of the law leave an employer liable for money damages, including but not limited to lost wages and benefits, court orders stopping violations, and a civil fine of up to $10,000.

For information on notice and posting requirements for polygraph testing, see:

• What are the notice requirements for polygraph testing? at ¶15,510 .

• Checklist of notice requirements before administering polygraph exams at ¶15,520 .

• Polygraph testing poster (WH 1462) at ¶15,530 .

• Sample notice of employee polygraph rights at ¶15,540 .

• Notice of ongoing investigation for purposes of polygraph testing at ¶15,550 .

• Notice of scheduling of polygraph at ¶15,560 .