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October 5, 2008    DOL Home > elaws Advisors > FirstStep Poster Advisor
elaws - employment laws assistance for workers and small businesses - FirstStep Poster Advisor

You have requested information regarding the following Poster(s):

The poster is required under the following law(s):

The Employee Polygraph Protection Act (EPPA)

The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions.  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.

EPPA excludes federal, state and local government agencies from the Act's coverage, with respect to public employees.  Lie detector tests may also be administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions.

EPPA includes limited exemptions that allow for the administration of polygraph tests (but no other lie detector tests) by private sector employers:

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 permitted under the Act, they are subject to strict standards concerning the conduct of the test, including the pre-test, testing, and post-test phases of the examination.

The Employment Standards Administration, Wage and Hour Division (WHD) enforces the EPPA.

Poster Requirements

Poster. Every employer subject to EPPA (whether prohibited or permitted to conduct polygraph tests) shall post and keep posted on its premises a notice explaining the Act.  The notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.  There is no size requirement for the poster. 

The EPPA poster is available in English and Spanish. Posting of the EPPA poster in Spanish is optional.

DOL Contacts

Employment Standards Administration (ESA), Wage and Hour Division
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243); TTY: 1-877-889-5627


For questions on other DOL laws, please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.

 



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