Can my employer require me to take a Polygraph? Employers are more concerned than ever these days about both workplace culture and security. Pre- and post-employment testing of all kinds may greet employees in the workplace. This could include physical tests to measure stamina for certain positions, personality tests to give the employer a sense of one’s compatibility within the company, and drug tests to ensure a drug-free workplace. Regulations surrounding these tests are fairly limited.
What about lie detector tests? Here, the Employee Polygraph Protection Act (EPPA) is much more restrictive. When employers violate the EPPA, legal action may be necessary.
What Constitutes a Lie Detector Test?
Any device used to provide a diagnostic opinion regarding honesty is considered a lie detector. This includes several devices:
- Polygraphs;
- Voice stress analyzers;
- Deceptographs;
- Psychological stress Evaluators.
When is Such Testing Allowed?
Although the EPPA prohibits most industries in the private sector from requiring employees and potential employees to take polygraph tests (or even asking about previous tests taken), some employers are exempt from the law:
- Governmental organizations, including fire and police agencies;
- School districts and private schools;
- Correctional facilities.
In limited instances, employers are allowed to require polygraph tests within certain parameters. Those businesses include:
- Companies involved in various security services, such as armored car services, home or business alarm companies, and guards or other security personnel working for the state;
- Companies involved in any aspect of the manufacture, distribution or dispensing of controlled substances.
Finally, some employers may require a polygraph test of particular employees when they have a reasonable suspicion of embezzlement or other crimes that led to the employer’s economic injury.
What can I Expect if Asked to Take a Polygraph?
If an employer requires you to take a lie-detector test, the law requires that the tester be bonded and licensed. You should be told the specific reasons for requiring the test, and be given the opportunity to obtain legal counsel prior to testing if desired. In the best of circumstances, you will be provided with a written explanation of their rights and the types of questions that are not allowed. You should expect questions on a variety of topics such as your:
- Driving record;
- Insurance history;
- Past and current drug and alcohol use;
- Past and present criminal activities;
- Credit history;
- Information you provided in your application;
- Employment history.
Topics that are off limits include your:
- Religious affiliations or views;
- Sexual orientation;
- Political views and memberships;
- Racial or cultural background.