Facebook, Twitter, LinkedIn, YouTube, RSS, EmailFacebookTwitterLinkedInYoutubeRSS News FeedEmail

News

Employee Polygraph Protection Act

by The Human Equation, Inc. on 10/13/2008
Facebook, Twitter, LinkedIn, Google+, YouTube, RSS Facebook Twitter Linkedin Google+ YouTube RSS

As a result of an ongoing investigation into inventory theft, my organization has identified one employee as the sole suspect. Does the Employee Polygraph Protection Act have an exemption that allows me to give this employee a voice stress analyzer test?

No. Subject to some very limited exemptions, the Employee Polygraph Protection Act of 1988 (EPPA) makes it unlawful for any employer engaged in or affecting commerce to, directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test. One such exemption is reserved for ongoing investigations involving economic loss or injury to the employer's business, such as theft or embezzlement. If all of the conditions are strictly satisfied, the employer may request that the reasonably suspected employee submit to a polygraph test, but not to a voice stress analyzer test.

The exemption for ongoing investigations allows only a polygraph test, which is defined as an instrument that records-continuously, visually, permanently, and simultaneously-changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards and that is used for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. Other types of lie detector tests are not allowed under this exemption, including a voice stress analyzer. Accordingly, employers wishing to administer a form of lie detector test to an employee under the ongoing investigations exemption are limited only to polygraph tests because no other form of lie detector test is allowed under this exemption.

Tags: , ,
Categories: 2008

Comments

Add comment

biuquote
  • Comment
  • Preview
Loading



  privacy policy
The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

Refer to friendRefer to friend

Permission to ReprintPermission to Reprint

Contact a Subject Matter ExpertContact an Expert

Subscribe to Our NewsletterSubscribe to Our Newsletter

Tags

© 2019 - The Human Equation, Inc. All rights reserved. - Privacy Policy - Disclaimer -
Follow us on Facebook.comFollow us on Twitter.comFollow us on Linkedin.comFollow us on YouTube.comSubscribe to our RSS FeedSend us an email
Subscribe to our newsletter
900 South Pine Island Road, Suite 300 - Plantation, FL 33324 - Phone: 800-521-9667 / 954-382-0030 - Fax: 954-382-2810